New York State Assembly

 
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A02006 Summary:

A02006 Actions:

A02006 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:03/31/2019AYE/NAY:23/10  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Nay
Lentol
Aye
Crouch
Nay
Schimminger
Aye
Fitzpatrick
Nay
Gantt
Excused
Hawley
Nay
Glick
Aye
Malliotakis
Nay
Nolan
Excused
Montesano
Nay
Pretlow
Aye
Ra
Nay
Perry
Aye
Blankenbush
Nay
Colton
Aye
Palmesano
Nay
Cook
Aye
Norris
Nay
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Heastie      
DATE:03/31/2019AYE/NAY:18/8  Action: Favorable         
Heastie
Aye
Kolb
Nay
Gottfried
Aye
Crouch
Nay
Lentol
Aye
Finch
Nay
Gantt
Excused
Barclay
Nay
Nolan
Excused
Raia
Nay
Weinstein
Aye
Hawley
Nay
Ortiz
Aye
Giglio
Nay
Pretlow
Aye
Malliotakis
Nay
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A02006 Floor Votes:

A02006 Memo:

Memo not available

A02006 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 1506--C                                            A. 2006--C
 
                SENATE - ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted  (Part  C);  to  amend  the  education  law,  in
          relation  to  residency requirements for the purpose of qualifying for
          certain scholarships and financial assistance  for  higher  education;
          and to repeal certain provisions of the education law relating thereto
          (Part  D);  intentionally omitted (Part E); to amend the state finance
          law, in relation to the arts capital grants fund (Part F); to  utilize
          reserves  in  the mortgage insurance fund for various housing purposes
          and for municipal relief to the city of Albany (Part G); to amend  the
          social services law, in relation to the initial period of licensure or
          registration  and  required  inspections,  background  clearances  and
          training for child care providers; and to repeal certain provisions of
          such law relating thereto (Part H); to amend the social services  law,
          in  relation  to  federally required background clearances for persons
          working in residential foster care programs (Part  I);  to  amend  the
          social  services law, in relation to residential programs for domestic
          violence victims; and repealing certain provisions of such law  relat-
          ing  thereto  (Part  J);  to  amend  the  family court act, the social
          services law and the executive law, in relation to persons in need  of
          supervision;  and to repeal certain provisions of the family court act
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-05-9
        S. 1506--C                          2                         A. 2006--C
 
          relating thereto (Part K);  to  amend  the  social  services  law,  in
          relation  to  increasing the standards of monthly need for aged, blind
          and disabled persons living in the community (Part L); to amend part W
          of  chapter  54  of the laws of 2016, amending the social services law
          relating to the powers  and  duties  of  the  commissioner  of  social
          services  relating  to  the  appointment  of  a temporary operator, in
          relation to the effectiveness thereof (Part M); intentionally  omitted
          (Part  N); intentionally omitted (Part O); intentionally omitted (Part
          P); intentionally omitted (Part Q); intentionally  omitted  (Part  R);
          intentionally  omitted  (Part  S);  to  amend  the  executive  law, in
          relation to preventing discrimination based on lawful source of income
          in housing (Part T); intentionally  omitted  (Part  U);  intentionally
          omitted  (Part V); intentionally omitted (Part W); intentionally omit-
          ted (Part X); intentionally omitted (Part  Y);  intentionally  omitted
          (Part  Z);  to  amend  the  election law, the executive law, the state
          finance law, the labor law, the vehicle and traffic law, the  environ-
          mental  conservation law, the public health law, the general municipal
          law, the military law, the domestic relations law, the education  law,
          the  mental  hygiene  law, the elder law, the social services law, the
          not-for-profit corporation law, the real property  tax  law,  the  New
          York  state defense emergency act, the administrative code of the city
          of New York, and the New York city charter, in  relation  to  changing
          the  name  of  the New York state division of veterans' affairs to the
          New York state division of veterans' services; and to amend the execu-
          tive law, in relation to changing the name of  the  veterans'  affairs
          commission  to  the  veterans' services commission (Part AA); to amend
          the education law, in relation to the  foster  youth  college  success
          initiative  eligibility requirements (Part BB); to amend the education
          law, in relation to authorizing the  setting  of  a  reduced  rate  of
          tuition  at  the  state university of New York, the city university of
          New York and community colleges for certain students participating  in
          dual  or  concurrent enrollment programs (Part CC); to amend the civil
          service law, in relation to providing that public employers,  employee
          organizations,   the  state  comptroller  and  the  public  employment
          relations board shall not be liable for  and  shall  have  a  complete
          defense to certain claims relating to agency shop fee deductions (Part
          DD);  and  authorizing  the  state university of New York at Albany to
          lease or contract with certain tenants for the use  of  space  in  the
          Emerging Technology and Entrepreneurship Complex (Part EE)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through EE. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part.   Any provision in  any  section  contained  within  a  Part,
     7  including  the  effective date of the Part, which makes a reference to a
     8  section "of this act", when used  in  connection  with  that  particular
     9  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    10  section of the Part in which it is found. Section three of this act sets
    11  forth the general effective date of this act.
        S. 1506--C                          3                         A. 2006--C
 
     1                                   PART A
 
     2                            Intentionally Omitted
 
     3                                   PART B
 
     4                            Intentionally Omitted
 
     5                                   PART C
 
     6                            Intentionally Omitted
 
     7                                   PART D
 
     8    Section  1.  Section 609-a of the education law, as added by a chapter
     9  of the laws of 2019, amending the education law  constituting  the  Jose
    10  Peralta  New  York  state  DREAM  act,  as  proposed in legislative bill
    11  numbers S. 1250 and A. 782, is REPEALED.
    12    § 2. The opening paragraph of subparagraph  (ii)  of  paragraph  a  of
    13  subdivision 5 of section 661 of the education law, as added by a chapter
    14  of  the  laws  of 2019, amending the education law constituting the Jose
    15  Peralta New York state  DREAM  act,  as  proposed  in  legislative  bill
    16  numbers S. 1250 and A. 782, is amended to read as follows:
    17    An  applicant who is not a legal resident of the state eligible pursu-
    18  ant to subparagraph (i) of this paragraph, but is a United States  citi-
    19  zen,  a  permanent  lawful  resident,  [a lawful non-immigrant alien] an
    20  individual who is granted U or T non-immigrant status  pursuant  to  the
    21  Victims  of  Trafficking  and  Violence Protection Act of 2000, a person
    22  granted temporary protected status pursuant to the  Federal  Immigration
    23  Act  of 1990, an individual of a class of refugees paroled by the attor-
    24  ney general of the United States  under  his  or  her  parole  authority
    25  pertaining to the admission of aliens to the United States, or an appli-
    26  cant without lawful immigration status shall be eligible for an award at
    27  the undergraduate level of study provided that the student:
    28    §  3.  The  opening  paragraph  of subparagraph (ii) of paragraph b of
    29  subdivision 5 of section 661 of the education law, as added by a chapter
    30  of the laws of 2019, amending the education law  constituting  the  Jose
    31  Peralta  New  York  state  DREAM  act,  as  proposed in legislative bill
    32  numbers S. 1250 and A. 782, is amended to read as follows:
    33    An applicant who is not a legal resident of the state eligible  pursu-
    34  ant  to subparagraph (i) of this paragraph, but is a United States citi-
    35  zen, a permanent lawful resident,  [a  lawful  non-immigrant  alien]  an
    36  individual  who  is  granted U or T non-immigrant status pursuant to the
    37  Victims of Trafficking and Violence Protection Act  of  2000,  a  person
    38  granted  temporary  protected status pursuant to the Federal Immigration
    39  Act of 1990, an individual of a class of refugees paroled by the  attor-
    40  ney  general  of  the  United  States  under his or her parole authority
    41  pertaining to the admission of aliens to the United States, or an appli-
    42  cant without lawful immigration status shall be eligible for an award at
    43  the graduate level of study provided that the student:
    44    § 4. Subparagraph 10 of paragraph h of subdivision 2 of section 355 of
    45  the education law, as added by a chapter of the laws of  2019,  amending
    46  the  education  law  constituting  the Jose Peralta New York state DREAM
    47  act, as proposed in legislative bill numbers S.  1250  and  A.  782,  is
    48  amended to read as follows:
        S. 1506--C                          4                         A. 2006--C
 
     1    (10)  Such  regulations  shall further provide that any student who is
     2  not a legal resident of New York state but is a United States citizen, a
     3  permanent lawful resident, [a lawful non-immigrant alien] an  individual
     4  who  is  granted  U or T non-immigrant status pursuant to the Victims of
     5  Trafficking and Violence Protection Act of 2000, a person granted tempo-
     6  rary  protected  status pursuant to the Federal Immigration Act of 1990,
     7  an individual of a class of refugees paroled by the attorney general  of
     8  the  United  States  under his or her parole authority pertaining to the
     9  admission of aliens to the United States, or an applicant without lawful
    10  immigration status may have the payment of tuition and  other  fees  and
    11  charges reduced by state-aided programs, scholarships or other financial
    12  assistance  awarded  under  the  provisions  of articles thirteen, thir-
    13  teen-A, fourteen and fourteen-A  of  this  chapter,  provided  that  the
    14  student  meets  the requirements set forth in subparagraph (ii) of para-
    15  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
    16  section six hundred sixty-one of this chapter, as applicable.
    17    §  5.  Paragraph (e) of subdivision 7 of section 6206 of the education
    18  law, as added by a chapter of the laws of 2019, amending  the  education
    19  law  constituting the Jose Peralta New York state DREAM act, as proposed
    20  in legislative bill numbers S. 1250 and A. 782, is amended  to  read  as
    21  follows:
    22    (e)  The  trustees shall further provide that any student who is not a
    23  legal resident of New York state but  is  a  United  States  citizen,  a
    24  permanent  lawful resident, [a lawful non-immigrant alien] an individual
    25  who is granted U or T non-immigrant status pursuant to  the  Victims  of
    26  Trafficking and Violence Protection Act of 2000, a person granted tempo-
    27  rary  protected  status pursuant to the Federal Immigration Act of 1990,
    28  an individual of a class of refugees paroled by the attorney general  of
    29  the  United  States  under his or her parole authority pertaining to the
    30  admission of aliens to the United States, or an applicant without lawful
    31  immigration status may have the payment of tuition and  other  fees  and
    32  charges reduced by state-aided programs, scholarships or other financial
    33  assistance  awarded  under  the  provisions  of articles thirteen, thir-
    34  teen-A, fourteen and fourteen-A  of  this  chapter,  provided  that  the
    35  student  meets  the requirements set forth in subparagraph (ii) of para-
    36  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
    37  section six hundred sixty-one of this chapter, as applicable.
    38    § 6. Subdivision 8-a of section 6305 of the education law, as added by
    39  a  chapter  of the laws of 2019, amending the education law constituting
    40  the Jose Peralta New York state DREAM act, as  proposed  in  legislative
    41  bill numbers S. 1250 and A. 782, is amended to read as follows:
    42    8-a.  The  payment  of tuition and other fees and charges of a student
    43  who is attending a community college and who is not a legal resident  of
    44  New  York state but is a United States citizen, a permanent lawful resi-
    45  dent, [a lawful non-immigrant alien] an individual who is granted U or T
    46  non-immigrant status pursuant to the Victims of Trafficking and Violence
    47  Protection Act of 2000, a  person  granted  temporary  protected  status
    48  pursuant  to  the  Federal  Immigration  Act of 1990, an individual of a
    49  class of refugees paroled by the attorney general of the  United  States
    50  under  his or her parole authority pertaining to the admission of aliens
    51  to the United States, or an applicant without lawful immigration  status
    52  may be reduced by state-aided programs, scholarships and other financial
    53  assistance  awarded  under  the  provisions  of articles thirteen, thir-
    54  teen-A, fourteen and fourteen-A  of  this  chapter,  provided  that  the
    55  student  meets  the requirements set forth in subparagraph (ii) of para-
        S. 1506--C                          5                         A. 2006--C
 
     1  graph a or subparagraph (ii) of  paragraph  b  of  subdivision  five  of
     2  section six hundred sixty-one of this chapter, as applicable.
     3    §  7.  The  opening paragraph of subparagraph (ii) of paragraph (a) of
     4  subdivision 2 of section 6455 of the education law, as added by a  chap-
     5  ter  of  the  laws  of 2019, amending the education law constituting the
     6  Jose Peralta New York state DREAM act, as proposed in  legislative  bill
     7  numbers S. 1250 and A. 782, is amended to read as follows:
     8    An applicant who is not a legal resident of New York state, but who is
     9  a  United States citizen, a permanent lawful resident, [a lawful non-im-
    10  migrant alien] an individual who is granted U or T non-immigrant  status
    11  pursuant  to  the  Victims of Trafficking and Violence Protection Act of
    12  2000, a person granted temporary protected status pursuant to the Feder-
    13  al Immigration Act of 1990, an individual of a class of refugees paroled
    14  by the attorney general of the United States under  his  or  her  parole
    15  authority pertaining to the admission of aliens to the United States, or
    16  an applicant without lawful immigration status, shall be eligible for an
    17  award at the undergraduate level of study provided that the student:
    18    §  8.  The  opening paragraph of subparagraph (ii) of paragraph (a) of
    19  subdivision 3 of section 6455 of the education law, as added by a  chap-
    20  ter  of  the  laws  of 2019, amending the education law constituting the
    21  Jose Peralta New York state DREAM act, as proposed in  legislative  bill
    22  numbers S. 1250 and A. 782, is amended to read as follows:
    23    An applicant who is not a legal resident of New York state, but either
    24  is  a United States citizen, a permanent lawful resident, [a lawful non-
    25  immigrant alien] an individual who  is  granted  U  or  T  non-immigrant
    26  status  pursuant  to  the Victims of Trafficking and Violence Protection
    27  Act of 2000, a person granted temporary protected status pursuant to the
    28  Federal Immigration Act of 1990, an individual of a  class  of  refugees
    29  paroled  by  the  attorney general of the United States under his or her
    30  parole authority pertaining to the admission of  aliens  to  the  United
    31  States,  or  an  applicant  without  lawful  immigration status shall be
    32  eligible for an award at the graduate level of study provided  that  the
    33  student:
    34    §  9.  This  act  shall  take  effect on the same date and in the same
    35  manner as a chapter of the laws of  2019,  amending  the  education  law
    36  constituting  the  Jose Peralta New York state DREAM act, as proposed in
    37  legislative bill numbers S. 1250 and A. 782, takes effect.
 
    38                                   PART E
 
    39                            Intentionally Omitted
 
    40                                   PART F
 
    41    Section 1. Section 97-z of the state finance law, as added by  chapter
    42  625  of  the laws of 1987, subdivision 3 as amended by chapter 83 of the
    43  laws of 1995, is amended to read as follows:
    44    § 97-z. Arts capital [revolving] grants fund. 1. A special fund to  be
    45  known  as  the  "arts  capital [revolving] grants fund" is hereby estab-
    46  lished in the custody of the state comptroller and the  commissioner  of
    47  taxation and finance.
    48    2.  The fund shall consist of all monies appropriated for its purpose,
    49  all monies transferred to such fund pursuant to law, all monies required
    50  by this section or any other provision of law to be paid into or credit-
    51  ed to the fund[, including payments of  principal  of  and  interest  on
    52  loans  made  from  the  fund] and any interest earnings which may accrue
        S. 1506--C                          6                         A. 2006--C
 
     1  from the investment of monies in  the  fund.  Nothing  contained  herein
     2  shall  prevent  the  New  York  state council on the arts from receiving
     3  grants, gifts or bequests for the purposes of the  fund  as  defined  in
     4  this section and depositing them into the fund according to law.
     5    3. Monies of the fund, when allocated, shall be available for adminis-
     6  trative  costs  of  the  council  and to make [loans] grants to eligible
     7  not-for-profit arts organizations as provided in  section  3.07  of  the
     8  arts  and cultural affairs law [and to pay the reasonable administrative
     9  costs of the dormitory authority incurred in monitoring construction  on
    10  eligible projects and costs associated with contracts with outside enti-
    11  ties  to  disburse loans and receive payments on such loans, as provided
    12  in such section].
    13    4. Monies shall be payable from the fund on the audit and  warrant  of
    14  the  comptroller  on  vouchers approved and certified by the chairman of
    15  the New York state council on the arts.
    16    § 2. This act shall take effect immediately.
 
    17                                   PART G
 
    18    Section 1. Notwithstanding any other provision  of  law,  the  housing
    19  trust  fund  corporation  may  provide, for purposes of the neighborhood
    20  preservation program, a sum not to exceed $8,479,000 for the fiscal year
    21  ending March 31, 2020.   Within this total  amount,  one  hundred  fifty
    22  thousand  dollars  shall  be  used  for  the  purpose of entering into a
    23  contract with the neighborhood preservation coalition to provide techni-
    24  cal assistance and services to companies funded pursuant to article  XVI
    25  of the private housing finance law.  Notwithstanding any other provision
    26  of  law,  and  subject to the approval of the New York state director of
    27  the budget, the board of directors of the state  of  New  York  mortgage
    28  agency  shall  authorize  the  transfer to the housing trust fund corpo-
    29  ration, for the purposes of reimbursing any costs associated with neigh-
    30  borhood preservation program contracts authorized  by  this  section,  a
    31  total  sum  not  to exceed $8,479,000, such transfer to be made from (i)
    32  the special account of the mortgage insurance fund created  pursuant  to
    33  section 2429-b of the public authorities law, in an amount not to exceed
    34  the  actual excess balance in the special account of the mortgage insur-
    35  ance fund, as determined and certified by the state of New York mortgage
    36  agency for the fiscal year 2018-2019 in accordance with  section  2429-b
    37  of  the  public  authorities  law, if any, and/or (ii) provided that the
    38  reserves in the project pool insurance account of the mortgage insurance
    39  fund created pursuant to section 2429-b of the  public  authorities  law
    40  are  sufficient  to attain and maintain the credit rating (as determined
    41  by the state of New York mortgage agency)  required  to  accomplish  the
    42  purposes  of  such  account,  the  project pool insurance account of the
    43  mortgage insurance fund, such transfer to be made as soon as practicable
    44  but no later than June 30, 2019.
    45    § 2. Notwithstanding any other provision of  law,  the  housing  trust
    46  fund  corporation  may  provide,  for purposes of the rural preservation
    47  program, a sum not to exceed $3,539,000 for the fiscal year ending March
    48  31, 2020.  Within this total amount, one hundred fifty thousand  dollars
    49  shall be used for the purpose of entering into a contract with the rural
    50  housing coalition to provide technical assistance and services to compa-
    51  nies  funded pursuant to article XVI of the private housing finance law.
    52  Notwithstanding any other provision of law, and subject to the  approval
    53  of  the New York state director of the budget, the board of directors of
    54  the state of New York mortgage agency shall authorize  the  transfer  to
        S. 1506--C                          7                         A. 2006--C
 
     1  the  housing trust fund corporation, for the purposes of reimbursing any
     2  costs associated with rural preservation program contracts authorized by
     3  this section, a total sum not to exceed $3,539,000, such transfer to  be
     4  made from (i) the special account of the mortgage insurance fund created
     5  pursuant  to  section 2429-b of the public authorities law, in an amount
     6  not to exceed the actual excess balance in the special  account  of  the
     7  mortgage insurance fund, as determined and certified by the state of New
     8  York  mortgage  agency  for the fiscal year 2018-2019 in accordance with
     9  section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
    10  provided  that the reserves in the project pool insurance account of the
    11  mortgage insurance fund created pursuant to section 2429-b of the public
    12  authorities law are sufficient to attain and maintain the credit  rating
    13  (as  determined  by  the  state of New York mortgage agency) required to
    14  accomplish the purposes of such  account,  the  project  pool  insurance
    15  account of the mortgage insurance fund, such transfer to be made as soon
    16  as practicable but no later than June 30, 2019.
    17    §  3.  Notwithstanding  any other provision of law, and in addition to
    18  the powers currently authorized to be exercised by the state of New York
    19  municipal bond bank agency, the state of New York  municipal  bond  bank
    20  agency  may  provide,  for  purposes  of municipal relief to the city of
    21  Albany, a sum not to exceed five million dollars  for  the  city  fiscal
    22  year  ending  December  31, 2019, to the city of Albany. Notwithstanding
    23  any other provision of law, and subject to the approval of the New  York
    24  state  director  of  the  budget,  the state of New York mortgage agency
    25  shall transfer to the state of New York municipal bond bank  agency  for
    26  distribution  as municipal relief to the city of Albany, a total sum not
    27  to exceed five million dollars, such transfer to be made  from  (i)  the
    28  special  account  of  the  mortgage  insurance  fund created pursuant to
    29  section 2429-b of the public authorities law, in an amount not to exceed
    30  the actual excess balance in the special account of the mortgage  insur-
    31  ance fund, as determined and certified by the state of New York mortgage
    32  agency  for  the fiscal year 2018-2019 in accordance with section 2429-b
    33  of the public authorities law, if any, and/or  (ii)  provided  that  the
    34  reserves in the project pool insurance account of the mortgage insurance
    35  fund  created  pursuant  to section 2429-b of the public authorities law
    36  are sufficient to attain and maintain the credit rating  (as  determined
    37  by  the agency) required to accomplish the purposes of such account, the
    38  project pool insurance account of the mortgage  insurance  fund  created
    39  pursuant  to section 2429-b of the public authorities law, such transfer
    40  to be made as soon as practicable no later than December 31,  2019,  and
    41  provided  further  that  the  New  York state director of the budget may
    42  request additional information from the city  of  Albany  regarding  the
    43  utilization  of these funds and the finances and operations of the city,
    44  as appropriate.
    45    § 4. This act shall take effect immediately.
 
    46                                   PART H
 
    47    Section 1. Subparagraph (i) of  paragraph  (a)  of  subdivision  1  of
    48  section  390  of the social services law, as added by chapter 750 of the
    49  laws of 1990, is amended to read as follows:
    50    (i) "Child day care" shall mean child care where a license  or  regis-
    51  tration  pursuant to this section is required and shall include care for
    52  a child on a regular basis provided away from the child's residence  for
    53  less  than  twenty-four  hours  per  day  by someone other than: (1) the
    54  parent, step-parent, guardian, or relative within the  third  degree  of
        S. 1506--C                          8                         A. 2006--C
 
     1  consanguinity  of  the  parents or step-parents of such child; or (2) an
     2  enrolled legally-exempt provider as such  term is defined  in  paragraph
     3  (g) of this subdivision.
     4    §  2.  Subdivision  1  of  section  390  of the social services law is
     5  amended by adding a new paragraph (g) to read as follows:
     6    (g) "Enrolled legally exempt provider" shall mean a person  who  is  a
     7  caregiver  or  entity  that is not required to be licensed or registered
     8  pursuant to this section and that is enrolled  to  be  a  caregiver  and
     9  provide  subsidized  child care services to eligible families in accord-
    10  ance with title five-C of this article and the regulations of the office
    11  of children and family services.
    12    § 2-a. Subdivision 2 of section 390 of  the  social  services  law  is
    13  amended by adding a new paragraph (d-1) to read as follows:
    14    (d-1)  (i) The office of children and family services shall promulgate
    15  regulations for inspections of enrolled legally exempt providers,  which
    16  shall  include  the completion of a satisfactory inspection of the prem-
    17  ises where care is to be provided, by the office of children and  family
    18  services.
    19    (ii)  Provided  however, unless a complaint is made in or as otherwise
    20  authorized such inspections shall not  be  required  when  the  enrolled
    21  legally  exempt  provider  is  an individual, age eighteen or older, and
    22  who, by virtue of blood, marriage or court decree, is,  to  all  of  the
    23  children  that  such person is enrolled to provide subsidized child care
    24  services to in accordance with title five-C of this article:
    25    (A) a grandparent;
    26    (B) a great-grandparent;
    27    (C) a sibling, provided that such sibling resides in a separate house-
    28  hold from the child;
    29    (D) an aunt; or
    30    (E) an uncle.
    31    § 3. Paragraph (a) of subdivision 2  of  section  390  of  the  social
    32  services  law, as amended by chapter 117 of the laws of 2010, is amended
    33  to read as follows:
    34    (a) Child day care centers caring for seven or more children and group
    35  family day care programs, as defined in subdivision one of this section,
    36  shall obtain a license from the office of children and  family  services
    37  and  shall  operate in accordance with the terms of such license and the
    38  regulations of such office. Initial licenses [shall be valid for a peri-
    39  od of up to two years;] and subsequent licenses shall  be  valid  for  a
    40  period of up to four years so long as the provider remains substantially
    41  in compliance with applicable law and regulations during such period.
    42    § 4. Clause (A) of subparagraph (ii) of paragraph (d) of subdivision 2
    43  of  section 390 of the social services law, as amended by chapter 117 of
    44  the laws of 2010, is amended to read as follows:
    45    (A) Initial registrations [shall be valid for a period of  up  to  two
    46  years,]  and  subsequent registrations shall be valid for a period of up
    47  to four years so long as the provider remains substantially  in  compli-
    48  ance with applicable law and regulations during such period.
    49    §  5.  Paragraphs  (a)  and (b) of subdivision 3 of section 390 of the
    50  social services law, paragraph (a) as amended by chapter 416 of the laws
    51  of 2000, and paragraph (b) as amended by chapter  117  of  the  laws  of
    52  2010, are amended to read as follows:
    53    (a)  The  office of children and family services may make announced or
    54  unannounced inspections of the records and premises of any  child  [day]
    55  care  provider,  whether  or not such provider has a license from, or is
    56  registered with, the office of children and family services.  The office
        S. 1506--C                          9                         A. 2006--C
 
     1  of children and family services shall make  unannounced  inspections  of
     2  the  records  and premises of any child day care provider within fifteen
     3  days after the  office  of  children  and  family  services  receives  a
     4  complaint  that,  if  true, would indicate such provider does not comply
     5  with the applicable regulations of the office  of  children  and  family
     6  services or with statutory requirements. If the complaint indicates that
     7  there may be imminent danger to the children, the office of children and
     8  family  services  shall investigate the complaint no later than the next
     9  day of operation of the provider. The  office  of  children  and  family
    10  services may provide for inspections through the purchase of services.
    11    (b)  (i) Where inspections have been made and violations of applicable
    12  statutes or regulations have been found,  the  office  of  children  and
    13  family services shall within ten days advise the child day care provider
    14  in  writing  of  the violations and require the provider to correct such
    15  violations. The office of children and  family  services  may  also  act
    16  pursuant to subdivisions ten and eleven of this section.
    17    (ii)  Where  inspections  have  been made and violations of applicable
    18  statutes or regulations have been found,  the  office  of  children  and
    19  family  services  or  its  designee  shall,  within ten days, advise the
    20  enrolled legally-exempt  provider  in  writing  of  the  violations  and
    21  require the provider to correct such violations.
    22    §  6.  Paragraph  (a)  of  subdivision  4 of section 390 of the social
    23  services law, as amended by chapter 416 of the laws of 2000, is  amended
    24  to read as follows:
    25    (a)  The  office  of  children  and family services on an annual basis
    26  shall inspect [at least twenty percent of all registered family day care
    27  homes, registered child day care centers and registered school age child
    28  care programs to determine whether such homes, centers and programs  are
    29  operating  in  compliance  with applicable statutes and regulations. The
    30  office of children and family services shall increase the percentage  of
    31  family  day care homes, child day care centers and school age child care
    32  programs which are inspected pursuant to this subdivision as follows: to
    33  at least thirty percent by the thirty-first of  December  two  thousand;
    34  and  to at least fifty percent by the thirty-first of December two thou-
    35  sand one] all child day care programs and  all  enrolled  legally-exempt
    36  providers  except  when  such  provider  is  determined  to be exempt in
    37  accordance with subparagraph (ii) of paragraph  (d-one)  of  subdivision
    38  two  of  this  section.  The  office of children and family services may
    39  provide for such inspections through  purchase  of  services.  [Priority
    40  shall  be  given to family day care homes which have never been licensed
    41  or certified prior to initial registration.]
    42    § 7. Subdivision 3 of section 390-a of the  social  services  law,  as
    43  added  by  chapter  416 of the laws of 2000, paragraph (b) as amended by
    44  chapter 552 of the laws of 2003, subparagraph (ix) as amended by chapter
    45  117 of the laws of 2010, is amended to read as follows:
    46    3. (a) The office of children and  family  services  shall  promulgate
    47  regulations   requiring  operators,  program  directors,  employees  and
    48  assistants of family day  care  homes,  group  family  day  care  homes,
    49  school-age  child  care  programs  and child day care centers to receive
    50  pre-service and annual training, as applicable.  Provided  however  that
    51  such  providers  shall  be  required to receive thirty hours of training
    52  every two years; provided, however, [that  fifteen]  any  individual  or
    53  provider  who  is  already in compliance with this subdivision, prior to
    54  the effective date of the chapter of the laws of two  thousand  nineteen
    55  that  amended  this  subdivision, shall only be required to complete any
    56  additional federal training requirements which  they  have  not  already
        S. 1506--C                         10                         A. 2006--C

     1  completed  in  order  to  be deemed in compliance with this subdivision.
     2  Fifteen hours of such training must be received  within  the  first  six
     3  months of the initial licensure, registration or employment. Such train-
     4  ing  requirements  shall  also  apply  to any volunteer in such day care
     5  homes, programs or  centers  who  has  the  potential  for  regular  and
     6  substantial contact with children. The thirty hours of training required
     7  during  the first biennial cycle after initial licensure or registration
     8  shall include training received while an application  for  licensure  or
     9  registration  pursuant  to section three hundred ninety of this title is
    10  pending. The office of children and family  services  may  provide  this
    11  training through purchase of services.
    12    (b)  The  training required in paragraph (a) of this subdivision shall
    13  address topics and subject matters  required  by  federal  law  and  the
    14  following  topics  or  subject  matters,  unless  such topics or subject
    15  matters are substantially covered in training that is required  pursuant
    16  to federal law:
    17    (i) principles of childhood development, focusing on the developmental
    18  stages of the age groups for which the program provides care;
    19    (ii) nutrition and health needs of infants and children;
    20    (iii) child day care program development;
    21    (iv) safety and security procedures;
    22    (v) business record maintenance and management;
    23    (vi) child abuse and maltreatment identification and prevention;
    24    (vii) statutes and regulations pertaining to child day care;
    25    (viii)   statutes  and  regulations  pertaining  to  child  abuse  and
    26  maltreatment; and
    27    (ix) for operators, program directors,  employees  and  assistants  of
    28  family  day  care  homes, group family day care homes and child day care
    29  centers, education and information on the identification, diagnosis  and
    30  prevention of shaken baby syndrome.
    31    (c)  For  the  thirty  hours  of  biennial training required after the
    32  initial period of licensure  or  registration,  each  provider  who  can
    33  demonstrate  basic  competency shall determine in which of the specified
    34  topics he or she needs further study, based on the provider's experience
    35  and the needs of the children in the provider's care.
    36    (d) Family day care home and group  family  day  care  home  operators
    37  shall  obtain training pertaining to protection of the health and safety
    38  of children, as required by regulation,  prior  to  the  issuance  of  a
    39  license or registration by the office of children and family services.
    40    (e)  Upon  request  by the office of children and family services, the
    41  child day care applicant or provider shall submit  documentation  demon-
    42  strating compliance with the training requirements of this section.
    43    §  8. The section heading of section 390-b of the social services law,
    44  as added by chapter 416 of the laws of  2000,  is  amended  to  read  as
    45  follows:
    46    Criminal  history  review  and  background  clearances  of  child care
    47  providers, generally.
    48    § 9. Subdivisions 1, 2 and 3 of section 390-b of the  social  services
    49  law are REPEALED and five new subdivisions 1, 1-a, 2, 3, 3-a and 3-b are
    50  added to read as follows:
    51    1.  Notwithstanding  any  other  provision of law to the contrary, and
    52  subject to rules and regulations of the office of  children  and  family
    53  services  and,  where  applicable,  the  division  of  criminal  justice
    54  services, the following clearances shall be conducted for entities spec-
    55  ified in subdivision two of this section  in  the  time  and  manner  as
    56  required by this section:
        S. 1506--C                         11                         A. 2006--C
 
     1    (a)  a  criminal  history  record  check with the division of criminal
     2  justice services;
     3    (b)  a  search  of the criminal history repository in each state other
     4  than New York where such person resides or resided during the  preceding
     5  five  years,  if  applicable unless such state's criminal history record
     6  information will be provided as part of the  results  or  the  clearance
     7  conducted pursuant to paragraph (c) of this subdivision;
     8    (c) a national criminal record check with the federal bureau of inves-
     9  tigation;  the  division  of  criminal  justice  services is directed to
    10  submit fingerprints to the  federal  bureau  of  investigation  for  the
    11  purpose  of  a nationwide criminal history record check, pursuant to and
    12  consistent with public law 113-186 to  determine  whether  such  persons
    13  shall have a criminal history in any state or federal jurisdiction;
    14    (d) a search of the New York state sex offender registry;
    15    (e)  a search of any state sex offender registry or repository in each
    16  state other than New York where such person resides  or  resided  during
    17  the preceding five years, if applicable unless such state's sex offender
    18  registry information will be provided as part of the clearance conducted
    19  pursuant to paragraph (f) of this subdivision;
    20    (f)  a search of the national sex offender registry using the national
    21  crime and information center, established under  the  Adam  Walsh  child
    22  protection and safety act of 2006 (42 U.S.C. 16901 et seq.);
    23    (g)  a database check of the statewide central register of child abuse
    24  and maltreatment in accordance with section four  hundred  twenty-four-a
    25  of this article; and
    26    (h) a search of a state-based child abuse or neglect repository of any
    27  state  other  than  New York where such person resides or resided during
    28  the preceding five years; if applicable.
    29    1-a. For purposes of this section, and in accordance with federal law,
    30  the term "enrolled legally-exempt provider" shall refer to a person  who
    31  meets the definition of "enrolled legally-exempt provider" as defined in
    32  paragraph (g) of subdivision one of section three hundred ninety of this
    33  title  and  who  is not an individual who is related to all children for
    34  whom child care services are provided.
    35    2. In relation to any child day care program and any  enrolled  legal-
    36  ly-exempt provider:
    37    (a)  the  clearances required pursuant to paragraphs (a), (c), (d) and
    38  (g) of subdivision one of this section shall be conducted for:
    39    (i) every prospective volunteer with the  potential  for  unsupervised
    40  contact with children in care;
    41    (ii) every applicant to become an enrolled legally-exempt provider;
    42    (iii)  every  prospective  employee,  director  or  operator of such a
    43  program or provider; and
    44    (iv) every individual eighteen years of age and over residing  or  who
    45  begins  to  reside in a home where services are or will be provided in a
    46  family or group family setting; and
    47    (v) every individual eighteen years of age and over  residing  or  who
    48  begins  to  reside  in a home where services are or will be provided who
    49  are not related in any way to all children receiving services as or will
    50  be provided by an enrolled legally exempt provider;
    51    (b) notwithstanding any other provision of law to the contrary,  prior
    52  to October first, two thousand twenty, all clearances listed in subdivi-
    53  sion  one of this section that have not previously been conducted pursu-
    54  ant to paragraph (a) of this subdivision and for which on-going criminal
    55  history results are not already provided, shall be conducted in  accord-
        S. 1506--C                         12                         A. 2006--C
 
     1  ance  with  a  schedule  developed  by the office of children and family
     2  services, for all:
     3    (i)  existing  volunteers  with the potential for unsupervised contact
     4  with children in care;
     5    (ii) existing caregivers for an enrolled legally exempt provider;
     6    (iii) existing employees, directors and operators of any such  program
     7  or provider; and
     8    (iv)  every  individual eighteen years of age and over residing or who
     9  begins to reside in a home where services are or will be provided  in  a
    10  family or group family setting; and
    11    (v)  every  individual  eighteen years of age and over residing or who
    12  begins to reside in a home where services are or will  be  provided  who
    13  are not related in any way to all children receiving services as or will
    14  be provided by an enrolled legally exempt provider;
    15    (c)  notwithstanding  any  other provision of law to the contrary, the
    16  clearances required pursuant to this section other than those for  which
    17  on-going criminal history results are provided, shall be conducted for a
    18  person  listed  in  subparagraphs (i), (ii), (iii) and (iv) of paragraph
    19  (b) of this subdivision at least once every  five  years  in  accordance
    20  with a schedule developed by the office of children and family services.
    21    3.  (a) Notwithstanding any other provision of law to the contrary, in
    22  relation to the clearances required pursuant to this section,  an  indi-
    23  vidual or a program or provider shall be deemed ineligible, as such term
    24  is defined in paragraph (b) of this subdivision, if such individual:
    25    (i) refuses to consent to such clearance;
    26    (ii)  knowingly  makes a materially false statement in connection with
    27  such a clearance;
    28    (iii) is registered, or is required to be registered, on a  state  sex
    29  offender  registry  or  repository or the national sex offender registry
    30  established under the Adam Walsh child protection and safety act of 2006
    31  (42 U.S.C. 16901 et seq.); or
    32    (iv) has been convicted of a crime enumerated in subparagraph  (E)  or
    33  clauses  (i)  through  (viii)  of  subparagraph  (D) of paragraph (1) of
    34  subdivision (C) of 42 U.S.C. 9858f.
    35    (b) For purpose of this subdivision, the term "ineligible" shall mean:
    36    (i) the individual who engaged in conduct listed in paragraph  (a)  of
    37  this subdivision shall not be permitted to:
    38    (1)  operate,  direct, be the caregiver for, or be employed by a child
    39  day care program or an enrolled legally-exempt provider; or
    40    (2) be a volunteer with the potential for  unsupervised  contact  with
    41  children  in a child day care program or with an enrolled legally-exempt
    42  provider; or
    43    (3) be an enrolled legally exempt provider; or
    44    (ii) in relation to child day care programs or any  enrolled  legally-
    45  exempt providers, where child care is, or is proposed to be provided, to
    46  a child in a home setting where such child does not reside, such program
    47  or  provider shall not be eligible to operate or to be enrolled to serve
    48  children receiving child care subsidies pursuant to title five-C of this
    49  article, if an individual over the age of eighteen who is not related in
    50  any way to all children for whom child care  services  are  or  will  be
    51  provided,  resides  in the household where child care is, or is proposed
    52  to be provided, engaged in conduct  listed  in  paragraph  (a)  of  this
    53  subdivision.
    54    3-a.  (a)  In  relation  to  child  day care programs and any enrolled
    55  legally-exempt provider, when a clearance  conducted  pursuant  to  this
    56  section  reveals  that  any  existing  operator, director, caregiver, or
        S. 1506--C                         13                         A. 2006--C
 
     1  person over the age of eighteen who is not related in  any  way  to  all
     2  children  for  whom  child  care  services are or will be provided, that
     3  resides in a home where child care is provided in a home  setting  where
     4  the  child  does not reside has been convicted of a crime other than one
     5  set forth in subparagraph (iv) of paragraph (a) of subdivision three  of
     6  this section, the office of children and family services shall conduct a
     7  safety  assessment  of  the  program  and  take all appropriate steps to
     8  protect the health and safety of the children in the  program,  and  may
     9  deny,  limit, suspend, revoke or reject such program's license or regis-
    10  tration or terminate or reject such program's enrollment, as applicable,
    11  unless the office of children and family  services,  determines  in  its
    12  discretion,  that  continued  operation by the child day care program or
    13  enrolled legally-exempt provider will not  in  any  way  jeopardize  the
    14  health, safety or welfare of the children cared for in the program or by
    15  the provider.
    16    (b)  In  relation to child day care programs and any enrolled legally-
    17  exempt provider, when a clearance conducted  pursuant  to  this  section
    18  reveals  that  any existing employee or volunteer with the potential for
    19  unsupervised contact with children has been convicted of a  crime  other
    20  than  one set forth in subparagraph (iv) of paragraph (a) of subdivision
    21  three of this section, the office of children of family  services  shall
    22  conduct  a  safety  assessment  of  the program and take all appropriate
    23  steps to protect the health and safety of the children in  the  program.
    24  The  office  of  children  and family services may direct the program or
    25  provider to  terminate  the  employee  or  volunteer  based  on  such  a
    26  conviction,  consistent  with  article  twenty-three-A of the correction
    27  law.
    28    (c) (i) In relation to any child day care programs  and  any  enrolled
    29  legally-exempt  providers,  where a clearance conducted pursuant to this
    30  section reveals a conviction for a crime other than  one  set  forth  in
    31  subparagraph (iv) of paragraph (a) of subdivision three of this section,
    32  for  any  prospective  employee or volunteer, the office of children and
    33  family services may direct that such person not be hired, as applicable,
    34  based on such a conviction, consistent with  article  twenty-three-A  of
    35  the correction law.
    36    (ii) In relation to any child day care program and any enrolled legal-
    37  ly-exempt  provider, when a clearance conducted pursuant to this section
    38  reveals a conviction for a crime other than one set  forth  in  subpara-
    39  graph  (iv)  of  paragraph (a) of subdivision three of this section, for
    40  any prospective caregiver seeking  enrollment,  or  applicant  to  be  a
    41  director  or  operator,  the  office of children and family services may
    42  deny  the   application   or   enrollment,   consistent   with   article
    43  twenty-three-A of the correction law.
    44    (d)  (i)  Where a clearance conducted pursuant to this section reveals
    45  that an applicant to be the operator or director of  a  child  day  care
    46  program, or applicant to be a caregiver, or anyone who is not related in
    47  any  way  to all children for whom child care services will be provided,
    48  resides in the home over the age of eighteen where  child  day  care  is
    49  proposed  to  be  provided  to children in a home-based setting has been
    50  charged with a crime, the office of children and family  services  shall
    51  hold the application in abeyance until the charge is finally resolved.
    52    (ii) Where a clearance conducted pursuant to this section reveals that
    53  the  current  operator  or  director of a child day care program, or any
    54  person over the age of eighteen who is not related in  any  way  to  all
    55  children  for whom child care services will be provided, that resides in
    56  a home where child day care is provided has been charged with  a  crime,
        S. 1506--C                         14                         A. 2006--C
 
     1  the  office  of  children  and  family  services  shall conduct a safety
     2  assessment of the program and take all appropriate steps to protect  the
     3  health and safety of children in the program. The office of children and
     4  family  services  may  suspend  a  license  or registration or terminate
     5  enrollment based on such a charge when necessary to protect  the  health
     6  and safety of children in the program.
     7    (iii)  Where  a  clearance  conducted pursuant to this section reveals
     8  that an existing caregiver, volunteer or  an  existing  employee  of  an
     9  enrolled  legally-exempt provider or any person over the age of eighteen
    10  that resides in a home where the child care is provided by  an  enrolled
    11  legally-exempt  provider  in  a  home  setting  where the child does not
    12  reside, has been charged with a crime, the office of children and family
    13  services shall take one or more of the following steps:
    14    (A) Conduct a safety assessment; or
    15    (B) Take all appropriate steps to protect the  health  and  safety  of
    16  children in the program.
    17    (iv) Where a clearance conducted pursuant to this section reveals that
    18  an applicant to be an employee or volunteer with the potential for unsu-
    19  pervised  contact  with children of a child day care program or enrolled
    20  legally-exempt provider has been charged with a crime, the office  shall
    21  hold the application in abeyance until the charge is finally resolved.
    22    (v)  Where a clearance conducted pursuant to this section reveals that
    23  a current employee, or current volunteer with the potential for unsuper-
    24  vised contact with children of a child day care program has been charged
    25  with a crime, the office of children and family services shall conduct a
    26  safety assessment of the program  and  take  all  appropriate  steps  to
    27  protect the health and safety of the children in the program.
    28    3-b.  All  persons  who  are subjected to a criminal history and back-
    29  ground clearance and safety assessment pursuant to this section who  the
    30  office  of children and family services determines: (i) should be denied
    31  enrollment, employment, or the ability to volunteer pursuant to a  back-
    32  ground clearance analysis performed by the office of children and family
    33  services,  and  (ii) where such denial is not based on an offense listed
    34  in paragraph (a) of subdivision three of this section,  shall  have  the
    35  ability to request a de novo review of the article twenty-three-a of the
    36  correction  law  determination  in  an  administrative hearing before an
    37  administrative law judge, to be held and completed  before  the  present
    38  employer  is notified of such clearance determination. Such person shall
    39  have reasonable notice concerning  the  determination,  and  information
    40  regarding  how to request a hearing to review that determination, and an
    41  opportunity to provide any additional information that such person deems
    42  relevant to such determination. Such person may choose to  be  heard  in
    43  person,   by  video  conference  if  reasonably  available,  or  through
    44  submission of written materials. Where such request is made, the  office
    45  of  children  and  family  services shall also have an opportunity to be
    46  heard.
    47    § 10. Subdivision 6 of section 390-b of the  social  services  law  is
    48  REPEALED and a new subdivision 6 is added to read as follows:
    49    6.  The  office of children and family services shall pay any required
    50  processing fee for a criminal history or sex offender clearance pursuant
    51  to this section. The  office  of  children  and  family  services  shall
    52  promptly  submit fingerprints obtained pursuant to this section and such
    53  processing fee to the division of criminal justice services.
    54    § 11. Subdivision 7 of section 390-b of the social  services  law,  as
    55  added by chapter 416 of the laws of 2000, is amended to read as follows:
        S. 1506--C                         15                         A. 2006--C
 
     1    7.  Where  the  office of children and family services or its designee
     2  denies or directs a child day care or an enrolled legally-exempt provid-
     3  er to deny an application based on the criminal history  record[,];  (a)
     4  the  provider must notify the applicant that such record is the basis of
     5  the  denial;  and  (b)  the office of children and family services shall
     6  also notify as the case may be, such current  or  prospective  operator,
     7  director,  employee,  assistant, legally exempt provider, volunteer with
     8  the potential for unsupervised contact with  children  or  other  person
     9  eighteen  years  of  age or older, who resides in the home where care is
    10  provided, other than the child's home, that the  criminal  record  check
    11  was  the  basis for the denial of clearance and shall provide such indi-
    12  vidual with a copy of the results of the national criminal record  check
    13  upon  which  such  denial  was  based  together with a written statement
    14  setting forth the reasons for such denial, as well as a copy of  article
    15  twenty-three-A  of  the correction law and inform such individual of his
    16  or her right to seek correction of any incorrect  information  contained
    17  in such national record check provided by the federal bureau of investi-
    18  gation.
    19    §  12.  Subdivisions  9 and 10 of section 390-b of the social services
    20  law, as added by chapter 416 of the laws of 2000, are amended and a  new
    21  subdivision 11 is added to read as follows:
    22    9.  (a) Any criminal history record provided by the division of crimi-
    23  nal justice services, and any summary of  the  criminal  history  record
    24  provided  by  the office of children and family services to a [child day
    25  care provider]  person  that  receives  a  clearance  pursuant  to  this
    26  section,   is  confidential  and  shall  not  be  available  for  public
    27  inspection; provided, however, nothing herein shall prevent [a child day
    28  care provider or] the  office  of  children  and  family  services  from
    29  disclosing  criminal history information or the individual from disclos-
    30  ing his or her criminal history information  at  any  administrative  or
    31  judicial  proceeding relating to the denial or revocation of an applica-
    32  tion, employment, license or registration. The  subject  of  a  criminal
    33  history  review  conducted pursuant to this section shall be entitled to
    34  receive, upon written request, a copy of the  summary  of  the  criminal
    35  history  record  [provided by the office of children and family services
    36  to the child day  care  provider].    Unauthorized  disclosure  of  such
    37  records or reports shall be subject [the provider] to civil penalties in
    38  accordance  with  the  provisions of subdivision eleven of section three
    39  hundred ninety of this title.
    40    (b) The office of children and family services shall not  release  the
    41  content  of  the results of the nationwide criminal history record check
    42  conducted by the federal bureau of investigation in accordance with this
    43  subdivision to any non-public entity.
    44    10. A child day care or enrolled legally-exempt provider shall  advise
    45  the  office  of  children  and family services when an individual who is
    46  subject to criminal history record review in accordance with subdivision
    47  one or two of this section is no longer  subject  to  such  review.  The
    48  office  of  children  and  family  services shall inform the division of
    49  criminal justice services when an individual who is subject to  criminal
    50  history  review is no longer subject to such review so that the division
    51  of criminal justice services may terminate its  retain  processing  with
    52  regard  to such person. At least once a year, the office of children and
    53  family services will be required to conduct a validation of the  records
    54  maintained by the division of criminal justice services.
    55    11.  Child day care centers which are not subject to the provisions of
    56  section three hundred ninety of this title shall not be subject  to  the
        S. 1506--C                         16                         A. 2006--C
 
     1  provisions  of this section, provided however, that the city of New York
     2  shall require that such child day care centers meet the requirements  of
     3  any  federal  laws and regulations pertaining to the child care develop-
     4  ment  and  block  grant  and the related federally approved plans of the
     5  state of New York.
     6    § 13. Subparagraph (z) of paragraph (A) of subdivision  4  of  section
     7  422  of  the  social services law, as amended by section 11 of part L of
     8  chapter 56 of the laws of 2015, is amended to read as follows:
     9    (z) an entity with appropriate legal authority  in  another  state  to
    10  license,  certify  or  otherwise  approve  prospective  foster  parents,
    11  prospective  adoptive  parents,  prospective  relative  guardians  [or],
    12  prospective  successor  guardians or child care program where disclosure
    13  of information regarding such prospective foster or prospective adoptive
    14  parents or prospective relative or prospective successor  guardians  and
    15  other  persons  over  the  age  of eighteen residing in the home of such
    16  persons [is] or where child care is provided, as required  under  either
    17  title  IV-E of the federal social security act or the federal child care
    18  and development block grant act (section  nine  thousand  eight  hundred
    19  fifty-eight, et seq. of title forty-two of the United States Code); and
    20    §  14.  Paragraph  (a) of subdivision 1 of section 424-a of the social
    21  services law, as amended by section 12 of part L of chapter  56  of  the
    22  laws of 2015, is amended to read as follows:
    23    (a)  (i)  A  licensing  agency shall inquire of the department and the
    24  department shall, subject to the provisions of  paragraph  (e)  of  this
    25  subdivision,  inform  such agency and the subject of the inquiry whether
    26  an applicant for a certificate, license or permit, [assistants to  group
    27  family  day  care  providers,]  the  director  of  a camp subject to the
    28  provisions of article thirteen-B of the public health law, a prospective
    29  successor guardian when a clearance is conducted pursuant  to  paragraph
    30  (d)  of  subdivision  two  of section four hundred fifty-eight-b of this
    31  article, and any person over the age of eighteen who resides in the home
    32  of a person who has applied to become an adoptive  parent  or  a  foster
    33  parent  [or  to  operate a family day care home or group family day care
    34  home] or any person over the age of eighteen residing in the home  of  a
    35  prospective  successor  guardian  when  a  clearance  is  conducted of a
    36  prospective successor guardian pursuant to this paragraph, has  been  or
    37  is  currently  the  subject of an indicated child abuse and maltreatment
    38  report on file with the statewide central register of  child  abuse  and
    39  maltreatment.
    40    (ii)  A licensing agency shall inquire of the office whether an appli-
    41  cant for a certificate, license  or  permit  to  operate  a  child  care
    42  program  including  a  family day care home, group family day care home,
    43  child care center, school age child care program,  or  enrolled  legally
    44  exempt provider or an employee, volunteer or applicant to be an employee
    45  or  volunteer in such program who has potential for regular and substan-
    46  tial contact with children in the program, is the confirmed  subject  of
    47  an  indicated  child  abuse  report  maintained by the statewide central
    48  register of child abuse and maltreatment. The  office  shall  promulgate
    49  regulations  related  to  the  process by which providers and applicants
    50  will be informed whether the applicant is authorized or unauthorized  to
    51  care for children based on the outcome of such inquiry.
    52    (iii)  A  licensing  agency  shall  inquire  of the office whether any
    53  person age eighteen or older who is not related in any way to all  chil-
    54  dren  for  whom  care  is provided that resides on the premises of where
    55  child care is provided in a setting that is not the child's own home  by
    56  an  enrolled legally-exempt provider as such term is defined in subdivi-
        S. 1506--C                         17                         A. 2006--C

     1  sion one-a of section three hundred ninety-b  of  this  chapter  is  the
     2  confirmed  subject  of an indicated child abuse report maintained by the
     3  statewide central register of child abuse and maltreatment.  The  office
     4  shall  promulgate  regulations related to the process by which providers
     5  and applicants will be informed whether the applicant is  authorized  or
     6  unauthorized to care for children based on the outcome of such inquiry.
     7    (iv) A licensing agency conducting inquiries pursuant to subparagraphs
     8  (ii)  and  (iii) of this paragraph may inquire of the office whether any
     9  person who is to be hired as a consultant by such  agency  who  has  the
    10  potential  for  regular and substantial contact with individuals who are
    11  cared for by the agency is the subject of an indicated child  abuse  and
    12  maltreatment report on file with the statewide central register of child
    13  abuse  and maltreatment. The office shall promulgate regulations related
    14  to the process by which providers and applicants will be informed wheth-
    15  er the applicant is authorized or  unauthorized  to  care  for  children
    16  based on the outcome of such inquiry.
    17    (v)  A licensing agency conducting inquiries pursuant to subparagraphs
    18  (ii) and (iii) or this paragraph may inquire of the office  whether  any
    19  person  who  has  volunteered his or her services to such agency and who
    20  will have the potential for regular and substantial contact  with  indi-
    21  viduals  who are cared for by the agency, is the subject of an indicated
    22  child abuse and maltreatment report on file with the  statewide  central
    23  register  of  child abuse and maltreatment.  The office shall promulgate
    24  regulations related to the process by  which  providers  and  applicants
    25  will  be informed whether the applicant is authorized or unauthorized to
    26  care for children based on the outcome of such inquiry.
    27    § 14-a. Subdivision 3 of section 424-a of the social services law,  as
    28  amended  by  section  6  of part C of chapter 57 of the laws of 2018, is
    29  amended to read as follows:
    30    3. For purposes of this section,  the  term  "provider"  or  "provider
    31  agency"  shall  mean:  an  authorized agency; the office of children and
    32  family services; juvenile detention facilities subject  to  the  certif-
    33  ication  of  the office of children and family services; programs estab-
    34  lished pursuant to article nineteen-H of the executive law; non-residen-
    35  tial or residential programs or facilities licensed or operated  by  the
    36  office  of  mental  health  or  the office for people with developmental
    37  disabilities  except  family  care  homes;  [licensed  child  day   care
    38  centers,]  including  head  start  programs which are funded pursuant to
    39  title V of the federal economic  opportunity  act  of  nineteen  hundred
    40  sixty-four,  as amended; early intervention service established pursuant
    41  to section twenty-five hundred forty of the public health law; preschool
    42  services established pursuant to section forty-four hundred ten  of  the
    43  education  law;  [school-age  child  care  programs;] special act school
    44  districts as enumerated in chapter five hundred sixty-six of the laws of
    45  nineteen  hundred  sixty-seven,  as  amended;  programs  and  facilities
    46  licensed by the office of alcoholism and substance abuse services; resi-
    47  dential schools which are operated, supervised or approved by the educa-
    48  tion  department;  health  homes,  or  any  subcontractor of such health
    49  homes, who contracts with or is approved or otherwise authorized by  the
    50  department  of  health  to  provide  health  home  services to all those
    51  enrolled pursuant to  a  diagnosis  of  a  developmental  disability  as
    52  defined  in subdivision twenty-two of section 1.03 of the mental hygiene
    53  law and enrollees who are under twenty-one years of  age  under  section
    54  three  hundred sixty-five-l of this chapter, or any entity that provides
    55  home and community based services to enrollees who are under  twenty-one
    56  years  of  age  under a demonstration program pursuant to section eleven
        S. 1506--C                         18                         A. 2006--C
 
     1  hundred fifteen of the  federal  social  security  act;  publicly-funded
     2  emergency  shelters  for  families with children, provided, however, for
     3  purposes of this section, when the provider  or  provider  agency  is  a
     4  publicly-funded  emergency  shelter for families with children, then all
     5  references in this section to the "potential for regular and substantial
     6  contact with individuals who are cared for by the agency" shall mean the
     7  potential for regular and substantial  contact  with  children  who  are
     8  served  by  such  shelter; and any other facility or provider agency, as
     9  defined in subdivision four of section four hundred eighty-eight of this
    10  chapter, in regard to the employment of staff, or use  of  providers  of
    11  goods and services and staff of such providers, consultants, interns and
    12  volunteers.
    13    §  15.  Subdivision  4 of section 424-a of the social services law, as
    14  amended by section 14 of part L of chapter 56 of the laws  of  2015,  is
    15  amended to read as follows:
    16    4.  For  purposes  of  this section, the term "licensing agency" shall
    17  mean an authorized agency which has received an application to become an
    18  adoptive parent or an authorized agency which has received  an  applica-
    19  tion  for  a  certificate or license to receive, board or keep any child
    20  pursuant to the provisions of section three hundred seventy-six or three
    21  hundred seventy-seven of this article or an authorized agency which  has
    22  received  an  application  from  a  relative within the second degree or
    23  third degree of consanguinity of the parent of a  child  or  a  relative
    24  within  the  second degree or third degree of consanguinity of the step-
    25  parent of a child  or  children,  or  the  child's  legal  guardian  for
    26  approval  to  receive, board or keep such child, or an authorized agency
    27  that conducts a clearance pursuant to paragraph (d) of  subdivision  two
    28  of  section  four  hundred  fifty-eight-b of this article, or a state or
    29  local governmental agency which receives an application to provide child
    30  day care services in a child day  care  center,  school-age  child  care
    31  program,  family day care home or group family day care home or enrolled
    32  legally-exempt provider as such term is defined in subdivision one-a  of
    33  section   three  hundred  ninety-b  of  this  article  pursuant  to  the
    34  provisions of section three hundred  ninety  of  this  article,  or  the
    35  department  of  health  and mental hygiene of the city of New York, when
    36  such department receives an application for a certificate of approval to
    37  provide child day care services in a child day care center  pursuant  to
    38  the provisions of the health code of the city of New York, or the office
    39  of  mental  health or the office for people with developmental disabili-
    40  ties when such office receives an application for an  operating  certif-
    41  icate  pursuant to the provisions of the mental hygiene law to operate a
    42  family care home, or a state or local governmental official who receives
    43  an application for a permit to operate a camp which is  subject  to  the
    44  provisions  of article thirteen-B of the public health law or the office
    45  of children and family services which has received an application for  a
    46  certificate  to receive, board or keep any child at a foster family home
    47  pursuant to articles nineteen-G and nineteen-H of the executive  law  or
    48  any other facility or provider agency, as defined in subdivision four of
    49  section  four  hundred  eighty-eight  of  this chapter, in regard to any
    50  licensing or certification function carried  out  by  such  facility  or
    51  agency.
    52    §  16.  Severability. If any clause, sentence, paragraph, subdivision,
    53  section or part contained in any part of this act shall be  adjudged  by
    54  any  court  of competent jurisdiction to be invalid, such judgment shall
    55  not affect, impair, or invalidate the remained  thereof,  but  shall  by
    56  confined  in  its operation to the clause, sentence, paragraph, subdivi-
        S. 1506--C                         19                         A. 2006--C

     1  sion, section or part contained in any part thereof directly involved in
     2  the controversy in which such judgment shall have been rendered.  It  is
     3  hereby  declared to be the intent of the legislature that this act would
     4  have  been  enacted  even if such invalid provisions had not be included
     5  herein.
     6    § 17. This act shall take effect immediately; provided,  however  that
     7  sections  one,  two,  two-a, eight, nine, ten, eleven, twelve, thirteen,
     8  fourteen and fifteen of this act shall take effect  September  1,  2019;
     9  and  provided,  further  that sections three, four, five and six of this
    10  act shall take effect September 30, 2019; and  provided,  further,  that
    11  the  office  of children and family services is authorized to promulgate
    12  any rules or regulations necessary for the implementation of this act on
    13  its effective date.
 
    14                                   PART I

    15    Section 1. Subdivision 1 of section 378-a of the social services  law,
    16  as  amended  by  chapter  83  of the laws of 2013, is amended to read as
    17  follows:
    18    1. Every authorized agency which operates a  residential  program  for
    19  children  licensed  or  certified  by  the office of children and family
    20  services, and the office of children and family services in relation  to
    21  any juvenile justice program it operates, shall request that the justice
    22  center  for  the protection of people with special needs check, and upon
    23  such request, such justice center shall request and shall be  authorized
    24  to receive from the division of criminal justice services and the feder-
    25  al  bureau of investigation criminal history information, as such phrase
    26  is defined in paragraph (c) of subdivision one of section eight  hundred
    27  forty-five-b  of the executive law concerning each prospective operator,
    28  employee or volunteer of such a residential program who will have  regu-
    29  lar  and  substantial unsupervised or unrestricted physical contact with
    30  children in such program.
    31    (a) Provided however, any authorized agency required to request crimi-
    32  nal history information pursuant to this  subdivision  that  operates  a
    33  residential program for foster children that is licensed or certified by
    34  the  office  of  children  and  family  services  shall request that the
    35  justice center for the protection of people with  special  needs  check,
    36  and  upon  such  request, such justice center shall request and shall be
    37  authorized to receive from the division of criminal justice services and
    38  the federal bureau of investigation  criminal  history  information,  as
    39  such  phrase  is  defined in paragraph (c) of subdivision one of section
    40  eight hundred forty-five-b of the executive law, for every: (i) prospec-
    41  tive employee of such program that is not already required to be cleared
    42  pursuant to the opening paragraph of this subdivision; and (ii) notwith-
    43  standing any other provision of law to  the  contrary,  prior  to  April
    44  first,  two  thousand twenty and in accordance with a schedule developed
    45  by the office of  children  and  family  services,  any  person  who  is
    46  employed  in  a  residential foster care program that has not previously
    47  had a clearance conducted pursuant to this section in connection to such
    48  employment.
    49    (b) For the purposes of this section,  "operator"  shall  include  any
    50  natural person with an ownership interest in the authorized agency.
    51    (c)  Access  to and the use of [such] information obtained pursuant to
    52  this subdivision shall be governed by the provisions  of  section  eight
    53  hundred forty-five-b of the executive law.
        S. 1506--C                         20                         A. 2006--C
 
     1    §  2.  Paragraph  A  of  subdivision  4  of  section 422 of the social
     2  services law, is amended by adding a new subparagraph (bb)  to  read  as
     3  follows:
     4    (bb)  an  entity  with appropriate legal authority in another state to
     5  license, certify or otherwise approve residential  programs  for  foster
     6  children  where  disclosure  of information regarding any prospective or
     7  current employee of such program is  required  by  paragraph  twenty  of
     8  subdivision (a) of section six hundred seventy-one of title forty-two of
     9  the United States code.
    10    §  3.  Subparagraph  (i)  of paragraph (b) of subdivision 1 of section
    11  424-a of the social services law, as amended by section 8-a of part D of
    12  chapter 501 of the laws of 2012, is amended to read as follows:
    13    (i) (A) Subject  to  the  provisions  of  subdivision  seven  of  this
    14  section,  a  provider  agency shall inquire of the office and the office
    15  shall, subject to the provisions of paragraph (e) of  this  subdivision,
    16  inform such agency and the subject of the inquiry whether any person who
    17  is actively being considered for employment and who will have the poten-
    18  tial  for regular and substantial contact with individuals who are cared
    19  for by the agency, is the  subject  of  an  indicated  child  abuse  and
    20  maltreatment report on file with the statewide central register of child
    21  abuse  and maltreatment prior to permitting such person to have unsuper-
    22  vised contact with such individuals. Such  agency  may  inquire  of  the
    23  office  and  the  office shall inform such agency and the subject of the
    24  inquiry whether any person who is currently employed  and  who  has  the
    25  potential  for  regular and substantial contact with individuals who are
    26  cared for by such agency is the subject of an indicated child abuse  and
    27  maltreatment report on file with the statewide central register of child
    28  abuse  and  maltreatment.  A  provider  agency shall also inquire of the
    29  office and the office shall inform such agency and the  subject  of  the
    30  inquiry  whether  any  person  who  is employed by an individual, corpo-
    31  ration, partnership or association which provides goods or  services  to
    32  such  agency  who  has the potential for regular and substantial contact
    33  with individuals who are cared for by the agency, is the subject  of  an
    34  indicated child abuse and maltreatment report on file with the statewide
    35  central  register  of  child  abuse and maltreatment prior to permitting
    36  such  person  to  have  unsupervised  contact  with  such   individuals.
    37  Inquiries made to the office pursuant to this subparagraph by a provider
    38  agency on current employees shall be made no more often than once in any
    39  six month period.
    40    (B) Notwithstanding clause (A) of this subparagraph, where the provid-
    41  er  agency  is  an authorized agency that operates a residential program
    42  for foster children that is licensed or certified by the office of chil-
    43  dren and family services such agency shall inquire of the office and the
    44  office shall, subject to the provisions of paragraph (e) of this  subdi-
    45  vision, inform such agency and the subject of the inquiry whether:
    46    (I) any person who is actively being considered for employment in such
    47  program who is not already required to be cleared pursuant to clause (A)
    48  of  this  subparagraph  is  the  subject of an indicated child abuse and
    49  maltreatment report on file with the statewide central register of child
    50  abuse and maltreatment; and
    51    (II) Notwithstanding any other provision of law to the contrary, prior
    52  to April first, two thousand twenty and in accordance  with  a  schedule
    53  developed  by  the  office  of children and family services, whether any
    54  person who is employed in a residential foster care program that has not
    55  previously had a clearance conducted pursuant to  this  subparagraph  in
    56  connection to such employment is the subject of an indicated child abuse
        S. 1506--C                         21                         A. 2006--C
 
     1  and  maltreatment  report on file with the statewide central register of
     2  child abuse and maltreatment.
     3    § 4. This act shall take effect July 1, 2019.
 
     4                                   PART J
 
     5    Section  1.  The section heading and the opening paragraph of subdivi-
     6  sion 1 of section 131-u of the social services law, as amended by  chap-
     7  ter 169 of the laws of 1994, is amended to read as follows:
     8    Domestic violence services [to eligible persons].
     9    Notwithstanding  any  inconsistent provision of law, a social services
    10  district shall, in accordance with the provisions of  this  section  and
    11  regulations  of  the department, offer and provide emergency shelter and
    12  services at a residential program for victims of domestic  violence,  as
    13  defined  in article six-A of this chapter, to the extent that such shel-
    14  ter and services are necessary and available to  a  victim  of  domestic
    15  violence,  as  defined  in article six-A of this chapter, and in need of
    16  emergency shelter and services, who was residing in the social  services
    17  district at the time of the alleged domestic violence [and who:].
    18    §  2.  Paragraphs (a) and (b) of subdivision 1 of section 131-u of the
    19  social services law are REPEALED.
    20    § 3. Subdivision 2 of section 131-u of the  social  services  law,  as
    21  amended  by  chapter  169  of  the  laws  of 1994, is amended to read as
    22  follows:
    23    2. The department shall annually establish, subject to the approval of
    24  the director of the budget, a daily rate of reimbursement for each resi-
    25  dential program for victims of domestic violence, as defined in  article
    26  six-A  of this chapter, certified by the department which provides emer-
    27  gency shelter and services to persons eligible for such emergency  shel-
    28  ter  and  services pursuant to this section.  A social services district
    29  financially responsible for a victim of domestic  violence  shall  reim-
    30  burse  a  residential  program  for victims of domestic violence for the
    31  costs of emergency shelter and services provided to such victim  at  the
    32  daily  reimbursement  rate established by the department reduced by [the
    33  sum of all fees which such victim is able to pay  toward  the  costs  of
    34  such  shelter  and  services as determined in accordance with the public
    35  assistance budgeting rules set forth in the regulations of  the  depart-
    36  ment  and  by]  any [third party] other reimbursement available for such
    37  costs.
    38    § 4. Section 459-f of the social services law, as amended  by  chapter
    39  169 of the laws of 1994, is amended to read as follows:
    40    § 459-f. [Fees] Payment for services. [Any program defined in subdivi-
    41  sion  four  of  section  four  hundred  fifty-nine-a of this article may
    42  charge a service fee to a victim of domestic violence who is able to pay
    43  all or part of the costs of the emergency shelter and services  provided
    44  to  the victim.] Payments by a social services district to a residential
    45  program for victims of domestic violence  for  the  costs  of  emergency
    46  shelter  and  services  provided to a victim of domestic violence at the
    47  daily reimbursement rate determined by the department in accordance with
    48  section one hundred thirty-one-u of this chapter shall be reduced by the
    49  sum of [all fees which such victim is able to pay toward  the  costs  of
    50  such  shelter  and  services as determined in accordance with the public
    51  assistance budgeting rules set forth in the regulations of  the  depart-
    52  ment  and  by]  any [third party] other reimbursement available for such
    53  costs.
    54    § 5. This act shall take effect April 1, 2019.
        S. 1506--C                         22                         A. 2006--C
 
     1                                   PART K
 
     2    Section  1. Section 712 of the family court act, as amended by chapter
     3  920 of the laws of 1982, subdivision (a) as amended by section 7 of part
     4  G of chapter 58 of the laws of 2010, subdivision (b) as amended by chap-
     5  ter 465 of the laws of 1992, subdivision (g) as amended by section 2  of
     6  part  B  of  chapter  3 of the laws of 2005, subdivision (h) as added by
     7  chapter 7 of the laws of 1999, subdivision (i) as amended  and  subdivi-
     8  sions  (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014,
     9  is amended to read as follows:
    10    § 712. Definitions. As used in this article, the following terms shall
    11  have the following meanings:
    12    (a) "Person in need of supervision". A person less than eighteen years
    13  of age: (i) who does not attend school in accordance with the provisions
    14  of part one of article sixty-five of the education law [or]; (ii) who is
    15  incorrigible, ungovernable or  habitually  disobedient  and  beyond  the
    16  lawful  control of a parent or other person legally responsible for such
    17  child's care, or other lawful authority[, or]; (iii)  who  violates  the
    18  provisions  of:  (1)  section 221.05; or (2) 230.00 of the penal law[,];
    19  (iv) or who appears to be a sexually exploited child as defined in para-
    20  graph (a), (c) or (d) of subdivision one of section four hundred  forty-
    21  seven-a  of  the  social services law, but only if the child consents to
    22  the filing of a petition under this article.
    23    (b) ["Detention"] "Pre-dispositional placement".   The temporary  care
    24  and  maintenance  of  children  away from their own homes [as defined in
    25  section five hundred two of the executive law] pursuant to section seven
    26  hundred twenty of this article.
    27    [(c) "Secure detention facility". A facility  characterized  by  phys-
    28  ically restricting construction, hardware and procedures.
    29    (d)  "Non-secure  detention facility". A facility characterized by the
    30  absence of physically restricting construction, hardware and procedures.
    31    (e)] (c) "Fact-finding hearing". A hearing to  determine  whether  the
    32  respondent did the acts alleged to show that he or she violated a law or
    33  is  incorrigible,  ungovernable or habitually disobedient and beyond the
    34  control of his or her parents, guardian or legal custodian.
    35    [(f)] (d) "Dispositional hearing". A hearing to determine whether  the
    36  respondent requires supervision or treatment.
    37    [(g)]  (e)  "Aggravated circumstances". Aggravated circumstances shall
    38  have the same meaning as the definition of such term in subdivision  (j)
    39  of section one thousand twelve of this act.
    40    [(h)]  (f)  "Permanency  hearing".  A  hearing held in accordance with
    41  paragraph (b) of subdivision two of section seven hundred fifty-four  or
    42  section  seven  hundred  fifty-six-a  of this article for the purpose of
    43  reviewing the foster care status of the respondent and the  appropriate-
    44  ness of the permanency plan developed by the social services official on
    45  behalf of such respondent.
    46    [(i)]  (g)  "Diversion  services".   Services provided to children and
    47  families pursuant to section seven hundred thirty-five of  this  article
    48  for  the  purpose  of avoiding the need to file a petition or direct the
    49  [detention] pre-dispositional placement of the child. Diversion services
    50  shall include: efforts to adjust cases pursuant to this article before a
    51  petition is filed, or by order of the court, after the petition is filed
    52  but before fact-finding is commenced; and preventive  services  provided
    53  in  accordance  with  section four hundred nine-a of the social services
    54  law to avert the placement of the child [into  foster  care],  including
    55  crisis  intervention  and respite services.  Diversion services may also
        S. 1506--C                         23                         A. 2006--C
 
     1  include, in cases where any person is seeking to file  a  petition  that
     2  alleges  that  the  child  has a substance use disorder or is in need of
     3  immediate detoxification or substance use disorder services, an  assess-
     4  ment for substance use disorder; provided, however, that notwithstanding
     5  any  other  provision of law to the contrary, the designated lead agency
     6  shall not be required to pay for all or any portion of the costs of such
     7  assessment or substance use disorder or detoxification services,  except
     8  in  cases  where medical assistance for needy persons may be used to pay
     9  for all or any portion of the costs of such assessment or services.
    10    [(j)] (h) "Substance use disorder". The misuse of, dependence  on,  or
    11  addiction  to  alcohol  and/or legal or illegal drugs leading to effects
    12  that are detrimental to the person's physical and mental health  or  the
    13  welfare of others.
    14    [(k)]  (i)  "Assessment  for  substance use disorder". Assessment by a
    15  provider that has  been  certified  by  the  office  of  alcoholism  and
    16  substance  abuse  services  of  a person less than eighteen years of age
    17  where it is alleged that the youth is suffering  from  a  substance  use
    18  disorder  which  could  make  a  youth a danger to himself or herself or
    19  others.
    20    [(l)] (j) "A substance use disorder which could make a youth a  danger
    21  to  himself  or  herself  or  others".  A substance use disorder that is
    22  accompanied by the dependence on, or the repeated use or abuse of, drugs
    23  or alcohol to the point of intoxication such that the person is in  need
    24  of immediate detoxification or other substance use disorder services.
    25    [(m)]  (k)  "Substance  use disorder services". Substance use disorder
    26  services shall have the same meaning as provided for in section 1.03  of
    27  the mental hygiene law.
    28    §  2.  The part heading of part 2 of article 7 of the family court act
    29  is amended to read as follows:
    30                           CUSTODY [AND DETENTION]
    31    § 3. Section 720 of the family court act, as amended by chapter 419 of
    32  the laws of 1987, subdivision 3 as amended by section 9 of subpart B  of
    33  part  Q  of  chapter 58 of the laws of 2011, subdivision 5 as amended by
    34  section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
    35  of subdivision 5 as added by section 8 of part G of chapter  58  of  the
    36  laws of 2010, is amended to read as follows:
    37    §  720.  [Detention] Pre-dispositional placement. 1.  No child to whom
    38  the provisions of this article may apply, shall be detained in any pris-
    39  on, jail, lockup, or other place used for adults or  children  convicted
    40  of crime or under arrest and charged with a crime.
    41    2. The detention of a child in a secure detention or non-secure facil-
    42  ity shall not be directed under any of the provisions of this article.
    43    3.  [Detention]  Pre-dispositional placement of a person alleged to be
    44  or adjudicated as a person in need  of  supervision  shall[,  except  as
    45  provided  in  subdivision four of this section,] be authorized only in a
    46  foster care program certified by  the  office  of  children  and  family
    47  services  or  a  short-term  safe house in accordance with section seven
    48  hundred thirty-nine of this article, or a certified or  approved  family
    49  boarding  home[,  or  a  non-secure  detention facility certified by the
    50  office and in accordance with section seven hundred thirty-nine of  this
    51  article]  pursuant  to  the  social  services  law.  The  setting of the
    52  [detention] placement shall take into account:
    53    (a) [the] The proximity to the community in which the  person  alleged
    54  to  be or adjudicated as a person in need of supervision lives with such
    55  person's parents or to which such person will be discharged[,]; and
        S. 1506--C                         24                         A. 2006--C
 
     1    (b) [the] The existing educational setting  of  such  person  and  the
     2  proximity  of  such setting to the location of the [detention] placement
     3  setting.
     4    4.  [Whenever  detention  is  authorized  and ordered pursuant to this
     5  article, for a person alleged to be or adjudicated as a person  in  need
     6  of  supervision,  a  family  court  in a city having a population of one
     7  million or more shall,  notwithstanding  any  other  provision  of  law,
     8  direct  detention  in  a foster care facility established and maintained
     9  pursuant to  the  social  services  law.  In  all  other  respects,  the
    10  detention of such a person in a foster care facility shall be subject to
    11  the  identical  terms  and  conditions for detention as are set forth in
    12  this article and in section two hundred thirty-five of this act.
    13    5.] (a) The court shall not order or direct  [detention]  pre-disposi-
    14  tional  placement  under  this  article, (i) unless the court determines
    15  [that] and states in its written order; (1) that there is no substantial
    16  likelihood that the youth and his or her family will continue to benefit
    17  from diversion services, including but not  limited  to,  any  available
    18  respite  services;  and (2) that all available alternatives to detention
    19  have been exhausted; and (3) that  pre-dispositional  placement  of  the
    20  respondent  is  in  the best interest of the respondent; and (4) that it
    21  would be contrary to the welfare of the respondent to continue in  their
    22  own  home;  or  (ii) if the sole basis for the petition is an allegation
    23  pursuant to paragraph (i) of subdivision (a) of  section  seven  hundred
    24  twelve of this article.
    25    (b)  Where the youth is sixteen years of age or older, the court shall
    26  not order or direct [detention] pre-dispositional placement  under  this
    27  article,  unless  the  court  determines  and  states  in its order that
    28  special circumstances exist to warrant such [detention] placement.
    29    (c) If in addition to the provisions of this section,  the  respondent
    30  may  be  a  sexually  exploited  child  as defined in subdivision one of
    31  section four hundred forty-seven-a of the social services law, the court
    32  may direct the respondent to an  available  short-term  safe  house  [as
    33  defined  in subdivision two of section four hundred forty-seven-a of the
    34  social services law as an alternative to detention] in  accordance  with
    35  section seven hundred thirty-nine of this article.
    36    § 4. Section 727 of the family court act is REPEALED.
    37    §  5.  The  section  heading and subdivision (d) of section 728 of the
    38  family court act, subdivision (d) as added by chapter 145 of the laws of
    39  2000, paragraph (i) as added and paragraph (ii) of  subdivision  (d)  as
    40  renumbered by section 5 of part E of chapter 57 of the laws of 2005, and
    41  paragraph  (iii)  as  amended  and  paragraph (iv) of subdivision (d) as
    42  added by section 10 of subpart B of part Q of chapter 58 of the laws  of
    43  2011, are amended to read as follows:
    44    Discharge, release or [detention] pre-dispositional placement by judge
    45  after hearing and before filing of petition in custody cases.
    46    (d)  Upon  a  finding of facts and reasons which support a [detention]
    47  pre-dispositional placement order pursuant to this  section,  the  court
    48  shall  also  determine and state in any order directing [detention] pre-
    49  dispositional placement:
    50    (i) that there is no substantial likelihood that the youth and his  or
    51  her family will continue to benefit from diversion services and that all
    52  available   alternatives   to   [detention]  such  placement  have  been
    53  exhausted; and
    54    (ii) whether continuation of the child in the child's  home  would  be
    55  contrary  to the best interests of the child based upon, and limited to,
        S. 1506--C                         25                         A. 2006--C

     1  the facts and circumstances available to the court at the  time  of  the
     2  hearing held in accordance with this section; and
     3    (iii) where appropriate, whether reasonable efforts were made prior to
     4  the  date  of the court hearing that resulted in the detention order, to
     5  prevent or eliminate the need for removal of the child from his  or  her
     6  home or, if the child had been removed from his or her home prior to the
     7  court  appearance  pursuant  to this section, where appropriate, whether
     8  reasonable efforts were made to make it possible for the child to safely
     9  return home; and
    10    (iv) whether the setting of the [detention]  pre-dispositional  place-
    11  ment  takes  into  account  the  proximity to the community in which the
    12  person alleged to be or adjudicated as a person in need  of  supervision
    13  lives  with  such  person's  parents  or  to  which  such person will be
    14  discharged, and the existing educational setting of such person and  the
    15  proximity of such setting to the location of the detention setting.
    16    § 6. Section 729 of the family court act is REPEALED.
    17    §  7. Subdivisions (a) and (b) of section 735 of the family court act,
    18  subdivision (a) as added by section 7 of part E of  chapter  57  of  the
    19  laws  of  2005,  subdivision (b) as amended by chapter 38 of the laws of
    20  2014, are amended to read as follows:
    21    (a) Each county and any city having a population  of  one  million  or
    22  more  shall offer diversion services as defined in section seven hundred
    23  twelve of this article to youth who are at risk of being the subject  of
    24  a  person  in  need  of  supervision  petition.  Such  services shall be
    25  designed to provide an immediate response  to  families  in  crisis,  to
    26  identify  and  utilize appropriate alternatives to [detention] placement
    27  and to divert youth from being the  subject  of  a  petition  in  family
    28  court. Each county and such city shall designate either the local social
    29  services  district  or  the  probation department as lead agency for the
    30  purposes of providing diversion services.
    31    (b) The designated lead agency shall:
    32    (i) confer with any person seeking to file a petition, the  youth  who
    33  may  be  a potential respondent, his or her family, and other interested
    34  persons, concerning the provision of diversion services before any peti-
    35  tion may be filed; and
    36    (ii) diligently attempt to prevent the filing of a petition under this
    37  article or, after the petition is filed, to prevent the placement of the
    38  youth into foster care; and
    39    (iii) assess whether the youth would benefit from residential  respite
    40  services; and
    41    (iv) assess whether the youth is a sexually exploited child as defined
    42  in section four hundred forty-seven-a of the social services law and, if
    43  so,  whether such youth should be referred to a safe house in accordance
    44  with section seven hundred thirty-nine of this part; and
    45    (v)  determine  whether  alternatives  to  [detention]  placement   or
    46  services  provided  pursuant  to  this  section are appropriate to avoid
    47  remand of the youth to [detention] such placement; and
    48    [(v)] (vi) determine whether an assessment of the youth for  substance
    49  use  disorder  by  an  office of alcoholism and substance abuse services
    50  certified provider is necessary when a person seeking to file a petition
    51  alleges in such petition that the youth is suffering  from  a  substance
    52  use  disorder  which could make the youth a danger to himself or herself
    53  or others. Provided, however, that notwithstanding any  other  provision
    54  of law to the contrary, the designated lead agency shall not be required
    55  to pay for all or any portion of the costs of such assessment or for any
    56  substance use disorder or detoxification services, except in cases where
        S. 1506--C                         26                         A. 2006--C
 
     1  medical  assistance  for needy persons may be used to pay for all or any
     2  portion of the costs of such assessment or services. The office of alco-
     3  holism and substance abuse services shall make a list of  its  certified
     4  providers available to the designated lead agency.
     5    § 8. Section 739 of the family court act, as amended by chapter 920 of
     6  the  laws of 1982, subdivision (a) as amended by section 10 of part G of
     7  chapter 58 of the laws of 2010, subdivision (c) as added by chapter  145
     8  of the laws of 2000, is amended to read as follows:
     9    §  739.  Release,  pre-dispositional placement or [detention] referral
    10  after filing of petition and prior to order of  disposition.  (a)  After
    11  the  filing of a petition under section seven hundred thirty-two of this
    12  part, the court in its discretion may release the respondent  or  direct
    13  his  or  her  [detention] pre-dispositional placement. If the respondent
    14  may be a sexually exploited child  as  defined  in  subdivision  one  of
    15  section four hundred forty-seven-a of the social services law, the court
    16  may  direct  the  respondent to an available short-term safe house as an
    17  alternative to [detention]  placement.  However,  the  court  shall  not
    18  direct  [detention]  pre-dispositional  placement  unless  it  finds and
    19  states the facts and reasons for so finding that unless  the  respondent
    20  is  [detained]  placed  there  is  a  substantial  probability  that the
    21  respondent will not appear in court on the return date and all available
    22  alternatives to [detention] such placement have been exhausted.
    23    (b) Unless the respondent waives a determination that  probable  cause
    24  exists  to  believe  that  he  is  a  person  in need of supervision, no
    25  [detention] pre-dispositional placement under this section may last more
    26  than three days (i) unless the court finds, pursuant to the  evidentiary
    27  standards  applicable  to  a hearing on a felony complaint in a criminal
    28  court, that such probable cause exists, or (ii) unless  special  circum-
    29  stances  exist,  in  which cases such detention may be extended not more
    30  than an additional three days exclusive of Saturdays, Sundays and public
    31  holidays.
    32    (c) Upon a finding of facts and  reasons  which  support  a  detention
    33  order  pursuant to subdivision (a) of this section, the court shall also
    34  determine and state in any order directing detention:
    35    (i) whether continuation of the respondent in  the  respondent's  home
    36  would  be  contrary  to the best interests of the respondent based upon,
    37  and limited to, the facts and circumstance available to the court at the
    38  time of the court's determination in accordance with this section; and
    39    (ii) where appropriate, whether reasonable efforts were made prior  to
    40  the  date  of  the  court  order directing [detention] pre-dispositional
    41  placement in accordance with this section, to prevent or  eliminate  the
    42  need  for  removal  of  the  respondent  from his or her home or, if the
    43  respondent had been removed from his or her  home  prior  to  the  court
    44  appearance  pursuant to this section, where appropriate, whether reason-
    45  able efforts were made to make it possible for the respondent to  safely
    46  return home.
    47    § 9. Intentionally omitted.
    48    §  10.  Section 747 of the family court act, as amended by chapter 920
    49  of the laws of 1982, is amended to read as follows:
    50    § 747. Time of fact-finding hearing.   A  fact-finding  hearing  shall
    51  commence  not  more than three days after the filing of a petition under
    52  this article if  the  respondent  is  in  [detention]  pre-dispositional
    53  placement.
    54    §  11.  Subdivision  (a)  of  section  748 of the family court act, as
    55  amended by chapter 920 of the laws  of  1982,  is  amended  to  read  as
    56  follows:
        S. 1506--C                         27                         A. 2006--C
 
     1    (a)  If  the respondent is in [detention] pre-dispositional placement,
     2  the court may adjourn a fact-finding hearing
     3    (i)  on  its  own motion or on motion of the petitioner for good cause
     4  shown for not more than three days;
     5    (ii) on motion on behalf of the respondent or by his or her parent  or
     6  other  person  legally  responsible  for  his or her care for good cause
     7  shown, for a reasonable period of time.
     8    § 12. Subdivision (b) of section 749  of  the  family  court  act,  as
     9  amended  by  chapter  806  of  the  laws  of 1973, is amended to read as
    10  follows:
    11    (b) On its own motion,  the  court  may  adjourn  the  proceedings  on
    12  conclusion  of  a fact-finding hearing or during a dispositional hearing
    13  to enable it to make  inquiry  into  the  surroundings,  conditions  and
    14  capacities  of  the respondent. An adjournment on the court's motion may
    15  not be for a  period  of  more  than  ten  days  if  the  respondent  is
    16  [detained] in pre-dispositional placement, in which case not more than a
    17  total  of two such adjournments may be granted in the absence of special
    18  circumstances. If the respondent is not [detained]  in  pre-dispostional
    19  placement,  an  adjournment  may be for a reasonable time, but the total
    20  number of adjourned days may not exceed two months.
    21    § 13. Paragraph (a) of subdivision 2 of  section  754  of  the  family
    22  court  act,  as  amended  by chapter 7 of the laws of 1999, subparagraph
    23  (ii) of paragraph (a) as amended by section 20 of part L of  chapter  56
    24  of the laws of 2015, is amended to read as follows:
    25    (a)  The  order  shall  state  the  court's reasons for the particular
    26  disposition. If the court places the child in  accordance  with  section
    27  seven  hundred  fifty-six  of  this  part,  the court in its order shall
    28  determine: (i) whether continuation in the child's home would be contra-
    29  ry to the best interest of the child and where appropriate, that reason-
    30  able efforts were made prior to the date of  the  dispositional  hearing
    31  held  pursuant  to  this  article  to  prevent or eliminate the need for
    32  removal of the child from his or her home and, if the child was  removed
    33  from  his  or  her  home  prior  to  the date of such hearing, that such
    34  removal was in the child's best interest and, where appropriate, reason-
    35  able efforts were made to make it possible for the child to return safe-
    36  ly home. If the court determines that reasonable efforts to  prevent  or
    37  eliminate  the need for removal of the child from the home were not made
    38  but that the lack of such efforts  was  appropriate  under  the  circum-
    39  stances,  the  court order shall include such a finding; and (ii) in the
    40  case of a child who has attained the age of fourteen, the services need-
    41  ed, if any, to assist the child to make the transition from foster  care
    42  to independent living. Nothing in this subdivision shall be construed to
    43  modify  the standards for directing [detention] pre-dispositional place-
    44  ment set forth in section seven hundred thirty-nine of this article.
    45    § 14. Section 756 of the family court act, as amended by  chapter  920
    46  of  the  laws  of  1982,  paragraph (i) of subdivision (a) as amended by
    47  chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
    48  of subdivision (a) as amended by section 11 of part G of chapter  58  of
    49  the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
    50  1999,  and subdivision (c) as amended by section 10 of part E of chapter
    51  57 of the laws of 2005, is amended to read as follows:
    52    § 756. Placement. (a) [(i)] For  purposes  of  section  seven  hundred
    53  fifty-four,  the  court  may:  (i) place the child in its own home [or];
    54  (ii) order the child be placed in the custody of a suitable relative  or
    55  other suitable private person; or (iii) order the child be placed in the
        S. 1506--C                         28                         A. 2006--C
 
     1  custody  of a commissioner of social services[, subject to the orders of
     2  the court].
     3    [(ii)]  (b)  Where  the  child  is placed with the commissioner of the
     4  local social services district[,]: (i) (A) the child may  be  placed  by
     5  the  social services district into a foster boarding home; or (B) if the
     6  court finds that the respondent is a sexually exploited child as defined
     7  in subdivision one of section four hundred forty-seven-a of  the  social
     8  services  law,  an available long-term safe house; or (ii) the court may
     9  direct the commissioner to: place the child with an authorized agency or
    10  class of authorized agencies[, including, if the court  finds  that  the
    11  respondent  is  a sexually exploited child as defined in subdivision one
    12  of section four hundred forty-seven-a of the  social  services  law,  an
    13  available long-term safe house].
    14    (c)  Provided, however, that a placement shall not be ordered pursuant
    15  to paragraph (iii) of subdivision (a) of this section:
    16    (i) In instances where the only finding made against the respondent is
    17  that they meet the definition of a person in need of supervision  pursu-
    18  ant  to paragraph (i) of subdivision (a) of section seven hundred twelve
    19  of this article; or
    20    (ii) Unless the court finds and states in its written order  that  the
    21  placement of the respondent is:
    22    (1) in the best interest of the respondent; and
    23    (2)  that  it  would  be  contrary to the welfare of the respondent to
    24  continue in their own home.
    25    (d) Unless the dispositional order provides otherwise,  the  court  so
    26  directing  shall  include  one of the following alternatives to apply in
    27  the event that the commissioner is unable to so place the child:
    28    [(1)] (i) the commissioner shall apply to the court for  an  order  to
    29  stay,  modify,  set  aside,  or  vacate  such  directive pursuant to the
    30  provisions of section seven hundred sixty-two or  seven  hundred  sixty-
    31  three; or
    32    [(2)] (ii) the commissioner shall return the child to the family court
    33  for a new dispositional hearing and order.
    34    [(b)]  (e) Placements under paragraph (iii) of subdivision (a) of this
    35  section may be for an initial period of [twelve months] no greater  than
    36  sixty  days.  The court may extend a placement pursuant to section seven
    37  hundred fifty-six-a. In its discretion, the court may recommend restitu-
    38  tion or require services for  public  good  pursuant  to  section  seven
    39  hundred  fifty-eight-a  in conjunction with an order of placement.  [For
    40  the purposes of calculating the initial period of placement, such place-
    41  ment shall be deemed to have commenced sixty days  after  the  date  the
    42  child was removed from his or her home in accordance with the provisions
    43  of  this article. If the respondent has been in detention pending dispo-
    44  sition, the initial period of placement ordered under this section shall
    45  be credited with and diminished by the  amount  of  time  spent  by  the
    46  respondent  in  detention  prior  to  the  commencement of the placement
    47  unless the court finds that all or part of such credit would  not  serve
    48  the best interests of the respondent.
    49    (c)  A  placement  pursuant  to  this section with the commissioner of
    50  social services shall not be directed in any detention facility, but the
    51  court may direct detention pending transfer to  a  placement  authorized
    52  and  ordered under this section for no more than than fifteen days after
    53  such order of placement is made. Such  direction  shall  be  subject  to
    54  extension  pursuant  to subdivision three of section three hundred nine-
    55  ty-eight of the social services law, upon written documentation  to  the
    56  office  of  children  and  family  services that the youth is in need of
        S. 1506--C                         29                         A. 2006--C

     1  specialized treatment or placement  and  the  diligent  efforts  by  the
     2  commissioner of social services to locate an appropriate placement.]
     3    § 14-a. Section 756-a of the family court act, as added by chapter 604
     4  of  the  laws  of 1986, subdivision (a) as amended by chapter 309 of the
     5  laws of 1996, subdivisions (b) and (d) as amended by section 4 of part B
     6  of chapter 327 of the laws of 2007, subdivisions (c) and (e) as  amended
     7  by  chapter  7 of the laws of 1999, paragraph (ii) of subdivision (d) as
     8  amended by section 3 of part M of chapter 54 of the laws of 2016,  para-
     9  graphs  (iii),  (iv) and (v) of subdivision (d) as amended by section 23
    10  and subdivision (d-1) as amended by section 24 of part L of  chapter  56
    11  of the laws of 2015, is amended to read as follows:
    12    §  756-a.  Extension  of placement. (a) In any case in which the child
    13  has been placed pursuant to paragraph (iii) of paragraph (a) of  section
    14  seven  hundred  fifty-six  of this part, the child, the person with whom
    15  the child has been placed or the commissioner  of  social  services  may
    16  petition  the  court  to  extend such placement, as provided for in this
    17  section. Such petition shall be filed  at  least  [sixty]  fifteen  days
    18  prior  to  the  expiration  of the initial placement and at least thirty
    19  days prior to the expiration of the period of any  additional  placement
    20  authorized pursuant to this section, except for good cause shown, but in
    21  no  event  shall  such  petition  be filed after the original expiration
    22  date.
    23    (b) The court shall conduct a permanency hearing concerning  the  need
    24  for  continuing the placement. The child, the person with whom the child
    25  has been placed and the commissioner of social services shall  be  noti-
    26  fied of such hearing and shall have the right to be heard thereat.
    27    (c)  The provisions of section seven hundred forty-five shall apply at
    28  such permanency hearing. If the petition is filed within [sixty]  thirty
    29  days prior to the expiration of the period of placement, the court shall
    30  first  determine  at such permanency hearing whether good cause has been
    31  shown. If good cause is not shown, the court shall dismiss the petition.
    32    (d) (i) At the conclusion of the first permanency  hearing  the  court
    33  may,  in  its  discretion, order [an] one extension of the placement for
    34  not more than [one year. The] six months;
    35    (ii) At the conclusion of the second  permanency  hearing,  the  court
    36  may,  in  its  discretion, order one extension of placement for not more
    37  than four months unless:
    38    (A) The attorney for the child, at the request of the child, seeks  an
    39  additional length of stay for the child in such program. If a request is
    40  made pursuant to this subparagraph, the court shall determine whether to
    41  grant such request based on the best interest of the child; or
    42    (B)  The court finds that extenuating circumstances exists that neces-
    43  sitate the child be placed out of the home.
    44    (d-1) If the court orders an extension of placement pursuant to  para-
    45  graph  (d) of this section, the court must consider and determine in its
    46  order:
    47    (i) where appropriate, that reasonable efforts were made  to  make  it
    48  possible  for  the  child to safely return to his or her home, or if the
    49  permanency plan for the child is adoption, guardianship  or  some  other
    50  permanent living arrangement other than reunification with the parent or
    51  parents  of  the  child,  reasonable  efforts are being made to make and
    52  finalize such alternate permanent placement including  consideration  of
    53  appropriate in-state and out-of-state placements;
    54    (ii)  in the case of a child who has attained the age of fourteen, (A)
    55  the services needed, if any, to assist the child to make the  transition
    56  from foster care to successful adulthood; and (B)(1) that the permanency
        S. 1506--C                         30                         A. 2006--C
 
     1  plan  developed  for the child, and any revision or addition to the plan
     2  shall be developed in consultation with the child and, at the option  of
     3  the  child,  with up to two additional members of the child's permanency
     4  planning  team  who  are  selected by the child and who are not a foster
     5  parent of, or case worker, case planner or case manager for, the  child,
     6  except  that  the  local commissioner of social services with custody of
     7  the child may reject an individual so selected  by  the  child  if  such
     8  commissioner has good cause to believe that the individual would not act
     9  in  the  best  interests  of  the  child, and (2) that one individual so
    10  selected by the child may be designated to be the child's  advisor  and,
    11  as necessary, advocate with respect to the application of the reasonable
    12  and prudent parent standard;
    13    (iii)  in  the  case of a child placed outside New York state, whether
    14  the out-of-state placement continues to be appropriate and in  the  best
    15  interests of the child;
    16    (iv)  whether  and when the child: (A) will be returned to the parent;
    17  (B) should be placed for adoption  with  the  social  services  official
    18  filing  a  petition  for  termination  of parental rights; (C) should be
    19  referred for legal guardianship; (D) should be placed permanently with a
    20  fit and willing relative; or (E) should be  placed  in  another  planned
    21  permanent  living  arrangement with a significant connection to an adult
    22  willing to be a permanency resource for the child if the  child  is  age
    23  sixteen  or older and (1) the social services official has documented to
    24  the court: (I) intensive, ongoing, and, as of the date of  the  hearing,
    25  unsuccessful  efforts made by the social services district to return the
    26  child home or secure a placement for the child with a  fit  and  willing
    27  relative  including  adult  siblings,  a  legal guardian, or an adoptive
    28  parent, including through efforts that utilize search technology includ-
    29  ing social media to find biological family members  for  children,  (II)
    30  the  steps the social services district is taking to ensure that (A) the
    31  child's foster family home or  child  care  facility  is  following  the
    32  reasonable  and  prudent  parent  standard  in  accordance with guidance
    33  provided by the United States department of health and  human  services,
    34  and (B) the child has regular, ongoing opportunities to engage in age or
    35  developmentally  appropriate activities including by consulting with the
    36  child in an age-appropriate manner about the opportunities of the  child
    37  to  participate  in activities; and (2) the social services district has
    38  documented to the court and the court  has  determined  that  there  are
    39  compelling  reasons  for  determining that it continues to not be in the
    40  best interest of the child to return home, be referred  for  termination
    41  of  parental rights and placed for adoption, placed with a fit and will-
    42  ing relative, or placed with a legal guardian; and  (3)  the  court  has
    43  made  a  determination  explaining  why,  as of the date of the hearing,
    44  another planned living arrangement with a significant connection  to  an
    45  adult  willing  to  be  a  permanency resource for the child is the best
    46  permanency plan for the child; and
    47    (v) where the child will not be returned home, consideration of appro-
    48  priate in-state and out-of-state placements.
    49    [(d-1)] (e) At the permanency hearing, the court  shall  consult  with
    50  the  respondent  in  an  age-appropriate manner regarding the permanency
    51  plan; provided, however, that if the respondent is age sixteen or  older
    52  and  the  requested  permanency  plan for the respondent is placement in
    53  another  planned  permanent  living  arrangement  with   a   significant
    54  connection  to  an  adult  willing  to  be a permanency resource for the
    55  respondent, the court must ask the respondent about the desired  perman-
    56  ency outcome for the respondent.
        S. 1506--C                         31                         A. 2006--C
 
     1    [(e)]  (f)  Pending  final  determination of a petition to extend such
     2  placement filed in accordance with the provisions of this  section,  the
     3  court  may,  on  its  own  motion or at the request of the petitioner or
     4  respondent, enter one or more temporary orders  extending  a  period  of
     5  placement  [not  to  exceed  thirty days upon satisfactory proof showing
     6  probable cause for continuing such placement  and  that  each  temporary
     7  order  is  necessary].   The court may order additional temporary exten-
     8  sions[, not to exceed a total of fifteen days, if the court is unable to
     9  conclude the hearing within the thirty day temporary  extension  period.
    10  In  no event shall the aggregate number of days in extensions granted or
    11  ordered under this subdivision total  more  than  forty-five  days.  The
    12  petition  shall  be  dismissed  if a decision is not rendered within the
    13  period of placement or any temporary extension thereof.  Notwithstanding
    14  any  provision  of  law  to the contrary, the initial permanency hearing
    15  shall be held within twelve months of the date the child was placed into
    16  care pursuant to section seven hundred fifty-six of this article and  no
    17  later  than  every  twelve  months  thereafter. For the purposes of this
    18  section, the date the child was placed into care  shall  be  sixty  days
    19  after  the child was removed from his or her home in accordance with the
    20  provisions of this section] only as authorized in this section.
    21    [(f)] (g) Successive extensions of placement under this section may be
    22  granted, [but] only as authorized in this section, provided, however  no
    23  placement  may be made or continued beyond the child's eighteenth birth-
    24  day without his or her consent and in no event past his or  her  twenty-
    25  first birthday.
    26    §  15.  Subdivisions 1 and 4 of section 758-a of the family court act,
    27  as amended by chapter 73 of the laws of 1979, subdivision 1  as  amended
    28  by  chapter  4  of  the  laws of 1987, paragraph (b) of subdivision 1 as
    29  amended by chapter 575 of the laws of 2007, and subdivision 4 as amended
    30  by chapter 73 of the laws of 1979, are amended to read as follows:
    31    1. In cases involving acts of [infants] children over [ten] twelve and
    32  less than [sixteen] eighteen years of age, the court may
    33    (a) recommend as a condition of placement, or order as a condition  of
    34  probation or suspended judgment, restitution in an amount representing a
    35  fair  and  reasonable  cost to replace the property or repair the damage
    36  caused by the [infant] child,  not,  however,  to  exceed  one  thousand
    37  dollars.  [In  the case of a placement, the court may recommend that the
    38  infant pay out of his or  her  own  funds  or  earnings  the  amount  of
    39  replacement  or  damage, either in a lump sum or in periodic payments in
    40  amounts set by the agency with which he is placed, and in  the  case  of
    41  probation  or  suspended  judgment,  the] The court may require that the
    42  [infant] child pay out of his or her own funds or earnings the amount of
    43  replacement or damage, either in a lump sum or in periodic  payments  in
    44  amounts set by the court; and/or
    45    (b)  order  as a condition of placement, probation, or suspended judg-
    46  ment, services for the public good including in  the  case  of  a  crime
    47  involving  willful, malicious, or unlawful damage or destruction to real
    48  or personal property maintained as a cemetery plot, grave, burial place,
    49  or other place of interment of human remains, services for  the  mainte-
    50  nance and repair thereof, taking into consideration the age and physical
    51  condition of the [infant] child.
    52    4.  The court, upon receipt of the reports provided for in subdivision
    53  two [or three] of this section may, on its own motion or the  motion  of
    54  any  party or the agency, hold a hearing to determine whether the place-
    55  ment should be altered or modified.
        S. 1506--C                         32                         A. 2006--C
 
     1    § 16. Section 774 of the family  court  act  is  amended  to  read  as
     2  follows:
     3    § 774. Action on petition for transfer.  On receiving a petition under
     4  section  seven hundred seventy-three of this part, the court may proceed
     5  under sections seven hundred thirty-seven, seven hundred thirty-eight or
     6  seven hundred thirty-nine of this article with respect to  the  issuance
     7  of  a  summons  or  warrant [and sections seven hundred twenty-seven and
     8  seven hundred twenty-nine govern questions of detention and  failure  to
     9  comply  with a promise to appear]. Due notice of the petition and a copy
    10  of the petition shall also be served personally  or  by  mail  upon  the
    11  office of the locality chargeable for the support of the person involved
    12  and upon the person involved and his or her parents and other persons.
    13    § 17. Intentionally omitted.
    14    § 18. Intentionally omitted.
    15    § 18-a. Intentionally omitted.
    16    §  18-b.  Article  6 of the social services law is amended by adding a
    17  new title 12 to read as follows:
    18                                  TITLE 12
    19                      FAMILY SUPPORT SERVICES PROGRAMS
    20  Section 458-m. Family support services programs.
    21          458-n. Funding for family support services programs.
    22    § 458-m. Family support services programs.  1. As used in this  title,
    23  the  term "family support services programs" shall mean a program estab-
    24  lished pursuant to this  title  to  provide  community-based  supportive
    25  services  to  children  and families with the goal of preventing a child
    26  from being adjudicated a person in need of supervision and help  prevent
    27  the  out  of home placements of such youth or preventing a petition from
    28  being filed under article seven of the family court act.
    29    2.  Family  support  services  programs  shall  provide  comprehensive
    30  services to such children and their families, either directly or through
    31  referrals with partner agencies, including, but not limited to:
    32    (a) rapid family assessments and screenings;
    33    (b) crisis intervention;
    34    (c) family mediation and skills building;
    35    (d)  mental  and behavioral health services including cognitive inter-
    36  ventions;
    37    (e) case management;
    38    (f) respite services;
    39    (g) education advocacy; and
    40    (h) other family support services.
    41    3. The services that are provided shall be trauma  responsive,  family
    42  focused, gender-responsive, and evidence based or informed and strengths
    43  based and shall be tailored to the individualized needs of the child and
    44  family  based on the assessments and screenings conducted by such family
    45  support services program.
    46    4. Family support services programs shall have the capacity  to  serve
    47  families  outside of regular business hours including evenings and week-
    48  ends.
    49    § 458-n. Funding for family support  services  programs.  1.  Notwith-
    50  standing  any other provision of law to the contrary, to the extent that
    51  funds are available  for  such  purpose  and  specifically  appropriated
    52  therefor,  the  office  of children and family services shall distribute
    53  funding to the highest need municipality which shall mean a county or  a
    54  city  with a population of one million or more to contract with not-for-
    55  profit corporations to  operate  family  support  services  programs  in
        S. 1506--C                         33                         A. 2006--C

     1  accordance  with  the  provisions of this title and the specific program
     2  model requirements issued by the office.
     3    2.  Notwithstanding  any  other provision of law to the contrary, when
     4  determining the highest need municipality pursuant to this  subdivision,
     5  the  office may consider factors that may include, but are not necessar-
     6  ily limited to:
     7    (a) the total amount of available funding and the  amount  of  funding
     8  required  for  family  support  services programs to meet the objectives
     9  outlined in section four hundred fifty-eight-m of this title;
    10    (b) relevant, available  statistics  regarding  each  municipality,  a
    11  group of two or more municipalities that jointly seek to fund and admin-
    12  ister  a  family support services program in accordance with subdivision
    13  four of this section which may include, but not necessarily  be  limited
    14  to:
    15    (i)  the  availability of services within such municipality to prevent
    16  or reduce detention or residential placement of youth pursuant to  arti-
    17  cle seven of the family court act; and
    18    (ii) relative to the youth population of such municipality:
    19    (1)  the  number  of  petitions filed pursuant to article seven of the
    20  family court act; or
    21    (2) the number  of  placements  of  youth  into  residential  care  or
    22  detention  pursuant to article seven of the family court act as applica-
    23  ble, over the last five years;
    24    (c) any reported performance outcomes reported to the office  pursuant
    25  to  subdivision  three  of  this  section  for  programs that previously
    26  received funding pursuant to this title; or
    27    (d) other appropriate factors as determined by the office.
    28    3. Municipalities receiving funding under this title shall  report  to
    29  the  office  of children and family services, in the form and manner and
    30  at such times as determined by the office, on the  performance  outcomes
    31  of any family support service program located within such municipalities
    32  that receives funding under this title.
    33    4. Two or more eligible municipalities within a close geographic with-
    34  in  a  close geographic proximity to each other may enter into an agree-
    35  ment to jointly seek funding for and jointly administer  family  support
    36  services  programs  to  service  eligible youth and families within such
    37  municipalities in accordance with this section.  Such  agreements  shall
    38  include  provisions for the proportionate cost to be borne by each muni-
    39  cipality and for the manner of employment of personnel and  may  provide
    40  that a fiscal officer of one such municipality shall be the custodian of
    41  the  moneys made available for expenditure for such purposes by all such
    42  municipalities and that such fiscal officer may make payments  therefrom
    43  upon  audit  of  the  appropriate auditing body or officer of his or her
    44  municipality. In making claims for state aid pursuant to  section,  each
    45  such  municipality  shall claim for its proportionate share of the total
    46  joint expenditures so made.  However, where it is  provided  that  there
    47  shall  be  a disbursing municipality, such disbursing municipality shall
    48  claim for the  total  joint  program  expenditures  so  made  and  shall
    49  disburse  such  state  aid to each participating municipality based upon
    50  the proportionate share of expenditures so made.
    51    5. Notwithstanding the provisions of subdivisions two, three and  four
    52  of  this  section, a municipality, consistent with its approved plan for
    53  supervision and treatment services for juveniles  program,  may  utilize
    54  any  funding  available  to  such  municipality pursuant to section five
    55  hundred twenty-nine-b of  the  executive  law  to  fund  family  support
    56  services programs pursuant to this title.
        S. 1506--C                         34                         A. 2006--C
 
     1    § 19. Subdivision 3 of section 502 of the executive law, as amended by
     2  section  79 of part WWW of chapter 59 of the laws of 2017, is amended to
     3  read as follows:
     4    3.  "Detention" means the temporary care and maintenance of youth held
     5  away from their homes pursuant to article three [or seven] of the family
     6  court act, or held pending a hearing for alleged violation of the condi-
     7  tions of release from an office of children and family services facility
     8  or authorized agency, or held pending a hearing for alleged violation of
     9  the condition of parole as a juvenile  offender,  youthful  offender  or
    10  adolescent  offender or held pending return to a jurisdiction other than
    11  the one in which the youth is held, or held pursuant to a securing order
    12  of a criminal court if the youth named therein as principal  is  charged
    13  as a juvenile offender, youthful offender or adolescent offender or held
    14  pending  a hearing on an extension of placement or held pending transfer
    15  to a facility upon commitment or placement by a court. Only  alleged  or
    16  convicted juvenile offenders, youthful offenders or adolescent offenders
    17  who have not attained their eighteenth or, commencing October first, two
    18  thousand  eighteen,  their  twenty-first  birthday  shall  be subject to
    19  detention in a detention facility. Commencing October first,  two  thou-
    20  sand  eighteen,  a  youth who on or after such date committed an offense
    21  when the youth was sixteen years of age; or  commencing  October  first,
    22  two thousand nineteen, a youth who committed an offense on or after such
    23  date when the youth was seventeen years of age held pursuant to a secur-
    24  ing  order  of a criminal court if the youth is charged as an adolescent
    25  offender or held pending a hearing for alleged violation of  the  condi-
    26  tion  of parole as an adolescent offender, must be held in a specialized
    27  secure juvenile detention facility for  older  youth  certified  by  the
    28  state  office  of  children  and family services in conjunction with the
    29  state commission of correction.
    30    § 20. Section 529-b of the executive law, as added  by  section  3  of
    31  subpart  B  of  part Q of chapter 58 of the laws of 2011, subdivision 1,
    32  the opening paragraph of subdivision 2, subparagraphs (i) and  (iii)  of
    33  paragraph  (a) of subdivision 3, as amended by section 99 of part WWW of
    34  chapter 59 of the laws of 2017, is amended to read as follows:
    35    § 529-b. Supervision and treatment services for juveniles program.  1.
    36  (a) Notwithstanding any provision  of  law  to  the  contrary,  eligible
    37  expenditures  by  an  eligible  municipality for services to divert from
    38  detention, residential placement or confinement,  as  applicable,  youth
    39  who  are:  (i)  at  risk  of,  alleged to be, or adjudicated as juvenile
    40  delinquents [or]; (ii) at risk of, or alleged to be  or  adjudicated  as
    41  persons  [alleged  or  adjudicated  to  be]  in need of supervision[, or
    42  youth]; (iii) alleged to be or convicted as juvenile offenders[,];  (iv)
    43  alleged  to  be or convicted as youthful offenders; or (v) alleged to be
    44  or convicted as adolescent offenders [from placement in detention or  in
    45  residential  care]  shall  be  subject  to state reimbursement under the
    46  supervision and treatment services  for  juveniles  program  for  up  to
    47  sixty-two  percent of the municipality's expenditures, subject to avail-
    48  able appropriations and exclusive of any federal  funds  made  available
    49  for  such  purposes, not to exceed the municipality's distribution under
    50  the supervision and treatment services for juveniles program.
    51    (b) The state funds appropriated for  the  supervision  and  treatment
    52  services  for juveniles program shall be distributed to eligible munici-
    53  palities by the office of children and family services based on  a  plan
    54  developed  by  the  office  which  may  consider  historical information
    55  regarding the number of youth seen at probation intake  for  an  alleged
    56  act  of  delinquency,  the  number  of  youth remanded to detention, the
        S. 1506--C                         35                         A. 2006--C
 
     1  number of juvenile delinquents placed with the  office,  the  number  of
     2  juvenile  delinquents and persons in need of supervision placed in resi-
     3  dential care with the municipality, the municipality's reduction in  the
     4  use of detention and residential placements, and other factors as deter-
     5  mined  by the office. Such plan developed by the office shall be subject
     6  to the approval of the director of the budget. The office is authorized,
     7  in its discretion, to make advance distributions to  a  municipality  in
     8  anticipation of state reimbursement.
     9    2. As used in this section, the term:
    10    (a)  "municipality" shall mean a county, or a city having a population
    11  of one million or more[,] and
    12    (b) "supervision and treatment  services  for  juveniles"  shall  mean
    13  community-based  services  or programs designed to safely maintain youth
    14  in the community pending a family court  disposition  or  conviction  in
    15  criminal  court  and  services  or  programs  provided to eligible youth
    16  [adjudicated as juvenile delinquents or persons in need of  supervision,
    17  or youth alleged to be juvenile offenders, youthful offenders or adoles-
    18  cent  offenders  to  prevent  residential  placement  of such youth or a
    19  return to placement where such youth have been released to the community
    20  from residential placement] pursuant to this section.
    21    3. Supervision and treatment services for juveniles  may  include  but
    22  are not limited to services or programs that:
    23    (a)  provide  or  facilitate  support  to such youth for mental health
    24  disorders, substance  abuse  problems,  or  learning  disabilities  that
    25  contribute to such youth being at risk for detention, residential place-
    26  ment, confinement or return to detention or residential placement;
    27    (a-1)  provide  or  facilitate  support  to  youth who are eligible to
    28  receive services pursuant to  subparagraph  (ii)  of  paragraph  (a)  of
    29  subdivision  one  of this section, and their families, in family support
    30  services programs in accordance with title twelve of article six of  the
    31  social services law;
    32    (b)  provide  temporary  respite  care, including, but not limited to,
    33  respite provided pursuant to article seven of the family court act;
    34    (c) provide family therapy or support  or  explore  alternate  housing
    35  options  for youth who are at risk for detention or placement due to the
    36  absence of an available home;
    37    (d) provide post-release support within the youth's community, includ-
    38  ing, but not limited to aftercare services; or
    39    (e) reduce arrest rates or recidivism.
    40    [3.] 3-a. (a) The chief executive officer of  the  municipality  shall
    41  designate  a  lead agency for the purposes of planning and administering
    42  the municipality's supervision  and  treatment  services  for  juveniles
    43  program.    In  order  for  a  municipality  to  be  eligible to receive
    44  reimbursement pursuant to this section, such municipality must submit an
    45  annual plan to the office of children and family services detailing  how
    46  the  supervision  and  treatment services for juveniles will be provided
    47  within the municipality. Two or more eligible  municipalities  within  a
    48  close  geographic proximity to each other may enter into an agreement to
    49  jointly seek funding for and jointly administer a supervision and treat-
    50  ment services for juveniles programs to service eligible youth and fami-
    51  lies within such municipalities in accordance  with  this  section.  The
    52  municipality  shall develop such plan in cooperation with the applicable
    53  local governmental departments responsible for probation,  law  enforce-
    54  ment,  detention,  diversion,  and social services; and with the courts,
    55  service providers, schools and youth development programs. The plan must
        S. 1506--C                         36                         A. 2006--C
 
     1  be approved by the chief executive officer of the municipality, and must
     2  include:
     3    (i)  an analysis that identifies the neighborhoods or communities from
     4  which the greatest number of juvenile delinquents and persons in need of
     5  supervision are remanded to detention or residentially placed;
     6    (ii) where the use of detention or residential placement in the  muni-
     7  cipality  shows  a  significant  racial  or ethnic disproportionality, a
     8  description of how the services proposed for funding will  address  such
     9  disproportionality;
    10    (iii)  a  description  of  how  the services and programs proposed for
    11  funding will reduce the number of youth from the  municipality  who  are
    12  detained  and  residentially  or otherwise placed; how such services and
    13  programs are family-focused; and whether such services and programs  are
    14  capable of being replicated across multiple sites;
    15    (iv)  a description of the demonstrated effectiveness of such services
    16  and programs or other justification why the services  and  programs  are
    17  proposed for funding;
    18    (v)  projected  performance  outcomes  for such services and programs,
    19  including an estimate of the anticipated reductions in detention  utili-
    20  zation and residential placements, and other projected positive outcomes
    21  for youth who participate in the services and programs; and
    22    (vi) for each year that the municipality submits a plan as required by
    23  this  section,  the  municipality must provide the following information
    24  for the most recent preceding year for which such municipality  received
    25  funding:
    26    (A)  the number of youth who participated in the services and programs
    27  funded pursuant to this section; and
    28    (B)  whether  the  services  and  programs  achieved   the   projected
    29  reductions in detention utilization and residential placements and other
    30  performance outcomes.
    31    (b) A municipality's plan shall be submitted to the office of children
    32  and  family services for review and approval. The office may approve all
    33  or part of the plan based on the potential effectiveness of the plan.
    34    (i) If the office does not approve a plan, the municipality shall have
    35  sixty days to submit an amended plan.
    36    (ii) Upon approval of a plan, the office shall notify the municipality
    37  and post the approved plan on the office of children and family services
    38  website.
    39    (c) [Any claims submitted by a municipality for  reimbursement  for  a
    40  particular  program  year  for  which  the municipality does not receive
    41  state reimbursement during  the  applicable  program  year  may  not  be
    42  claimed  against  that  municipality's  distribution  for any succeeding
    43  program year.] The office may require that such claims be  submitted  to
    44  the  office  electronically  in  the  manner  and format required by the
    45  office.
    46    (d) Any municipality submitting claims for reimbursement shall certify
    47  to the office that supervision  and  treatment  services  for  juveniles
    48  program funds were not used to supplant other state and local funds, and
    49  such  claims  for  reimbursement  are not for the same type and level of
    50  services that the municipality provided under any contract in  existence
    51  on  September  thirtieth,  two  thousand  ten that was funded other than
    52  through the office of children and family services as community optional
    53  preventive,  alternatives  to  detention,  alternatives  to  residential
    54  placement, preventive, independent living, or after care services.
    55    4. Two or more eligible municipalities may join together to establish,
    56  operate  and  maintain  supervision and treatment services for juveniles
        S. 1506--C                         37                         A. 2006--C
 
     1  programs and may make and perform agreements  in  connection  therewith.
     2  Such  agreements  shall include provisions for the proportionate cost to
     3  be borne by each municipality  and  for  the  manner  of  employment  of
     4  personnel and may provide that a fiscal officer of one such municipality
     5  shall  be the custodian of the moneys made available for expenditure for
     6  such purposes by all such municipalities and that  such  fiscal  officer
     7  may  make payments therefrom upon audit of the appropriate auditing body
     8  or officer of his municipality. In making claims for state reimbursement
     9  pursuant to this section, each municipality shall claim for its  propor-
    10  tionate share of expenditures. However, where the agreement provides for
    11  a  disbursing municipality, such disbursing municipality shall claim for
    12  the total joint program expenditures made and shall disburse  the  state
    13  reimbursement  to each participating municipality based upon the propor-
    14  tionate share of each participating municipality's expenditures.
    15    5. The office of children and family  services  shall  report  to  the
    16  governor,  the  speaker  of the assembly, the temporary president of the
    17  senate, the minority leader of the assembly and the minority  leader  of
    18  the  senate no later than July first, two thousand twelve, and each year
    19  thereafter, detailing the implementation and progress of the supervision
    20  and treatment services for juveniles program,  as  established  by  this
    21  section.  The  report  shall  detail  the following information for each
    22  municipality, as defined by this section:
    23    (a) the amount of funds disbursed to date  for  the  previous  program
    24  year of the supervision and treatment services for juveniles program;
    25    (b) the amount of juvenile detention funds distributed by such date in
    26  accordance with section five hundred thirty of this title for the previ-
    27  ous  program  year and, if any, the amount of such funds used for super-
    28  vision and treatment services for juveniles program;
    29    (c) the number of alleged and  adjudicated  juvenile  delinquents  and
    30  persons in need of supervision and alleged and convicted juvenile offen-
    31  ders being served by such programs; and
    32    (d) each program name and its provider.
    33    §  21.  The  opening  paragraph  and  paragraph  (a) of subdivision 2,
    34  subparagraphs 1 and 4 of paragraph (a) and paragraph (b) of  subdivision
    35  5,  and  subdivision  7 of section 530 of the executive law, the opening
    36  paragraph and paragraph (a) of subdivision 2 and subparagraphs 1  and  4
    37  of  paragraph  (a)  and  paragraph  (b)  of  subdivision 5 as amended by
    38  section 100 of part WWW of chapter 59 of the laws of 2017  and  subdivi-
    39  sion  7  as amended by section 6 of subpart B of part Q of chapter 58 of
    40  the laws of 2011, are amended to read as follows:
    41    Expenditures made by municipalities in providing care, maintenance and
    42  supervision to youth in  detention  facilities  designated  pursuant  to
    43  [sections  seven  hundred  twenty and] section 305.2 of the family court
    44  act and certified by office of children and family  services,  shall  be
    45  subject to reimbursement by the state, as follows:
    46    (a)  Notwithstanding  any  provision  of law to the contrary, eligible
    47  expenditures by a municipality during a particular program year for  the
    48  care,  maintenance and supervision [in foster care programs certified by
    49  the office of children and family services, certified or approved family
    50  boarding homes, and non-secure detention  facilities  certified  by  the
    51  office  for  those youth alleged to be persons in need of supervision or
    52  adjudicated persons in need of supervision held pending  transfer  to  a
    53  facility upon placement; and] in secure and non-secure detention facili-
    54  ties  certified  by  the  office in accordance with section five hundred
    55  three of this article for those youth  alleged  to  be  juvenile  delin-
    56  quents;  adjudicated  juvenile  delinquents  held  pending transfer to a
        S. 1506--C                         38                         A. 2006--C
 
     1  facility upon placement, and juvenile delinquents held at the request of
     2  the office of children and family services pending extension  of  place-
     3  ment  hearings or release revocation hearings or while awaiting disposi-
     4  tion  of such hearings; and youth alleged to be or convicted as juvenile
     5  offenders, youthful offenders and  adolescent  offenders  and  prior  to
     6  January  first, two thousand twenty, youth alleged to be persons in need
     7  of supervision or adjudicated persons in need of supervision held  pend-
     8  ing transfer to a facility upon placement in foster care programs certi-
     9  fied  by  the  office  of  children  and  family  services, certified or
    10  approved foster  boarding  homes  and  non-secure  detention  facilities
    11  certified  by the office, shall be subject to state reimbursement for up
    12  to fifty percent of the municipality's expenditures,  exclusive  of  any
    13  federal  funds  made  available  for  such  purposes,  not to exceed the
    14  municipality's distribution  from  funds  that  have  been  appropriated
    15  specifically therefor for that program year. Municipalities shall imple-
    16  ment  the  use  of  detention  risk  assessment  instruments in a manner
    17  prescribed by the office so as to inform detention  decisions.  Notwith-
    18  standing  any  other provision of state law to the contrary, data neces-
    19  sary for completion of a detention risk  assessment  instrument  may  be
    20  shared  among  law enforcement, probation, courts, detention administra-
    21  tors, detention providers, and the attorney for the child upon retention
    22  or appointment; solely for the purpose of accurate  completion  of  such
    23  risk  assessment  instrument, and a copy of the completed detention risk
    24  assessment  instrument  shall  be  made  available  to  the   applicable
    25  detention provider, the attorney for the child and the court.
    26    (1)  temporary  care,  maintenance and supervision provided to alleged
    27  juvenile delinquents [and persons in need of supervision]  in  detention
    28  facilities  certified  pursuant  to  [sections seven hundred twenty and]
    29  section 305.2 of the family court act by  the  office  of  children  and
    30  family services, pending adjudication of alleged delinquency [or alleged
    31  need  of supervision] by the family court, or pending transfer to insti-
    32  tutions to which committed or placed by such  court  or  while  awaiting
    33  disposition  by  such  court  after  adjudication  or held pursuant to a
    34  securing order of a criminal court if the person named therein as  prin-
    35  cipal is under seventeen years of age; or
    36    (4)  prior to January first, two thousand twenty temporary care, main-
    37  tenance and supervision provided youth detained in foster  care  facili-
    38  ties  or certified or approved family boarding homes pursuant to article
    39  seven of the family court act.
    40    (b) Payments made for reserved accommodations, whether or not in  full
    41  time  use,  approved  and certified by the office of children and family
    42  services and certified pursuant to [sections seven hundred  twenty  and]
    43  section  305.2 of the family court act, in order to assure that adequate
    44  accommodations will be available for the immediate reception and  proper
    45  care  therein of youth for which detention costs are reimbursable pursu-
    46  ant to paragraph (a) of this subdivision, shall be reimbursed as expend-
    47  itures for care, maintenance and supervision  under  the  provisions  of
    48  this  section,  provided  the office shall have given its prior approval
    49  for reserving such accommodations.
    50    7. The agency administering detention for each county and the city  of
    51  New  York shall submit to the office of children and family services, at
    52  such times and in such form and manner and containing  such  information
    53  as  required  by  the  office of children and family services, an annual
    54  report on youth remanded pursuant to article three or seven of the fami-
    55  ly court act who are  detained  during  each  calendar  year  including,
    56  commencing  January  first,  two thousand twelve, the risk level of each
        S. 1506--C                         39                         A. 2006--C
 
     1  detained youth as assessed by a  detention  risk  assessment  instrument
     2  approved  by the office of children and family services provided, howev-
     3  er, that the report due January first, two thousand twenty-one and ther-
     4  eafter shall not be required to contain any information on youth who are
     5  subject to article seven of the family court act. The office may require
     6  that  such  data  on  detention use be submitted to the office electron-
     7  ically. Such report shall include, but not be limited to, the reason for
     8  the court's determination in accordance  with  section  320.5  or  seven
     9  hundred  thirty-nine  of  the  family court act to detain the youth; the
    10  offense or offenses with which the  youth  is  charged;  and  all  other
    11  reasons why the youth remains detained. The office shall submit a compi-
    12  lation of all the separate reports to the governor and the legislature.
    13    § 22. Intentionally omitted.
    14    §  23.  Severability. If any clause, sentence, paragraph, subdivision,
    15  section or part contained in any part of this act shall be  adjudged  by
    16  any  court  of competent jurisdiction to be invalid, such judgment shall
    17  not affect, impair, or invalidate the remainder thereof,  but  shall  be
    18  confined  in  its operation to the clause, sentence, paragraph, subdivi-
    19  sion, section or part contained in any part thereof directly involved in
    20  the controversy in which such judgment shall have been rendered.  It  is
    21  hereby  declared to be the intent of the legislature that this act would
    22  have been enacted even if such invalid provisions had not been  included
    23  herein.
    24    §  24.  This act shall take effect January 1, 2020 and shall be deemed
    25  to be applicable to the pre-dispositional placement of youth pursuant to
    26  petitions filed pursuant to article seven of the family court act on  or
    27  after such effective date.
 
    28                                   PART L
 
    29    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    30  section 131-o of the social services law, as amended  by  section  1  of
    31  part  YY  of  chapter  59  of  the  laws of 2018, are amended to read as
    32  follows:
    33    (a) in the case of each individual receiving family  care,  an  amount
    34  equal to at least [$144.00] $148.00 for each month beginning on or after
    35  January first, two thousand [eighteen] nineteen.
    36    (b)  in  the  case  of  each individual receiving residential care, an
    37  amount equal to at least [$166.00] $171.00 for each month  beginning  on
    38  or after January first, two thousand [eighteen] nineteen.
    39    (c)  in  the  case  of  each individual receiving enhanced residential
    40  care, an amount equal to at  least  [$198.00]  $204.00  for  each  month
    41  beginning on or after January first, two thousand [eighteen] nineteen.
    42    (d)  for  the period commencing January first, two thousand [nineteen]
    43  twenty, the monthly personal needs allowance shall be an amount equal to
    44  the sum of the amounts set forth in subparagraphs one and  two  of  this
    45  paragraph:
    46    (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
    47  subdivision; and
    48    (2) the amount in subparagraph one of this  paragraph,  multiplied  by
    49  the  percentage  of  any  federal  supplemental  security income cost of
    50  living adjustment which becomes effective on or after January first, two
    51  thousand [nineteen] twenty, but prior to June  thirtieth,  two  thousand
    52  [nineteen] twenty, rounded to the nearest whole dollar.
        S. 1506--C                         40                         A. 2006--C
 
     1    §  2.  Paragraph  (a),  (b), (c), (d), (e) and (f) of subdivision 2 of
     2  section 209 of the social services law, as amended by section 2 of  part
     3  YY of chapter 59 of the laws of 2018, are amended to read as follows:
     4    (a)  On and after January first, two thousand [eighteen] nineteen, for
     5  an eligible individual living  alone,  [$837.00]  $858.00;  and  for  an
     6  eligible couple living alone, [$1,229.00] $1,261.00.
     7    (b)  On and after January first, two thousand [eighteen] nineteen, for
     8  an eligible individual  living  with  others  with  or  without  in-kind
     9  income, [$773.00] $794.00; and for an eligible couple living with others
    10  with or without in-kind income, [$1,171.00] $1,203.00.
    11    (c)  On and after January first, two thousand [eighteen] nineteen, (i)
    12  for an eligible individual receiving family care, [$1,016.48]  $1,037.48
    13  if he or she is receiving such care in the city of New York or the coun-
    14  ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
    15  couple  receiving  family  care in the city of New York or the county of
    16  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    17  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    18  ual receiving such care in any other  county  in  the  state,  [$978.48]
    19  $999.48;  and  (iv)  for  an  eligible couple receiving such care in any
    20  other county in the state, two times the amount set  forth  in  subpara-
    21  graph (iii) of this paragraph.
    22    (d)  On and after January first, two thousand [eighteen] nineteen, (i)
    23  for an  eligible  individual  receiving  residential  care,  [$1,185.00]
    24  $1,206.00 if he or she is receiving such care in the city of New York or
    25  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    26  eligible couple receiving residential care in the city of  New  York  or
    27  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    28  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    29  eligible  individual  receiving  such  care  in  any other county in the
    30  state, [$1,155.00] $1,176.00; and (iv) for an eligible couple  receiving
    31  such  care  in  any  other county in the state, two times the amount set
    32  forth in subparagraph (iii) of this paragraph.
    33    (e)  [(i)]  On  and  after  January  first,  two  thousand  [eighteen]
    34  nineteen,  (i) for an eligible individual receiving enhanced residential
    35  care, [$1,444.00] $1,465.00; and (ii) for an eligible  couple  receiving
    36  enhanced  residential  care,  two times the amount set forth in subpara-
    37  graph (i) of this paragraph.
    38    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    39  vision shall be increased to reflect any increases  in  federal  supple-
    40  mental  security income benefits for individuals or couples which become
    41  effective on or after January first, two thousand [nineteen] twenty  but
    42  prior to June thirtieth, two thousand [nineteen] twenty.
    43    § 3. This act shall take effect December 31, 2019.
 
    44                                   PART M
 
    45    Section  1.  Section  4  of  part W of chapter 54 of the laws of 2016,
    46  amending the social services law relating to the powers  and  duties  of
    47  the  commissioner  of  social  services relating to the appointment of a
    48  temporary operator, is amended to read as follows:
    49    § 4. This act shall take effect immediately and  shall  be  deemed  to
    50  have  been in full force and effect on and after April 1, 2016, provided
    51  further that this act shall expire and  be  deemed  repealed  March  31,
    52  [2019] 2022.
    53    § 2. This act shall take effect immediately.
        S. 1506--C                         41                         A. 2006--C
 
     1                                   PART N
 
     2                            Intentionally Omitted
 
     3                                   PART O
 
     4                            Intentionally Omitted
 
     5                                   PART P
 
     6                            Intentionally Omitted
 
     7                                   PART Q
 
     8                            Intentionally Omitted
 
     9                                   PART R

    10                            Intentionally Omitted
 
    11                                   PART S
 
    12                            Intentionally Omitted
 
    13                                   PART T
 
    14    Section  1.  Short  title. This act shall be known and may be cited as
    15  the "Lawful Source of Income Non-Discrimination Act of 2019".
    16    § 2. Section 292 of the executive law  is  amended  by  adding  a  new
    17  subdivision 36 to read as follows:
    18    36.  The  term  "lawful  source  of  income" shall include, but not be
    19  limited to,  child  support,  alimony,  foster  care  subsidies,  income
    20  derived  from  social  security, or any form of federal, state, or local
    21  public assistance or housing assistance including, but not  limited  to,
    22  section  8  vouchers, or any other form of housing assistance payment or
    23  credit whether or not such  income  or  credit  is  paid  or  attributed
    24  directly  to  a  landlord,  and  any other forms of lawful income.   The
    25  provisions of this subdivision shall not be construed  to  prohibit  the
    26  use  of  criteria or qualifications of eligibility for the sale, rental,
    27  leasing or occupancy of publicly-assisted housing  accommodations  where
    28  such  criteria  or qualifications are required to comply with federal or
    29  state law, or are necessary to obtain the benefits of a federal or state
    30  program. A publicly assisted housing accommodation may include eligibil-
    31  ity criteria in statements,  advertisements,  publications  or  applica-
    32  tions,  and may make inquiry or request information to the extent neces-
    33  sary to determine eligibility.
    34    § 3. Paragraphs (a), (b), (c) and (c-1) of subdivision 2-a of  section
    35  296  of  the executive law, as amended by chapter 8 of the laws of 2019,
    36  are amended to read as follows:
    37    (a) To refuse to sell, rent or lease or otherwise to deny to or  with-
    38  hold  from  any  person  or group of persons such housing accommodations
    39  because of the race, creed, color, disability, national  origin,  sexual
    40  orientation,  gender  identity or expression, military status, age, sex,
    41  marital status, lawful source of  income  or  familial  status  of  such
    42  person  or  persons,  or  to represent that any housing accommodation or
        S. 1506--C                         42                         A. 2006--C
 
     1  land is not available for inspection, sale, rental or lease when in fact
     2  it is so available.
     3    (b)  To  discriminate  against  any person because of his or her race,
     4  creed, color, disability, national origin,  sexual  orientation,  gender
     5  identity  or  expression,  military  status,  age,  sex, marital status,
     6  lawful source of income or familial status in the terms,  conditions  or
     7  privileges  of  any  publicly-assisted  housing accommodations or in the
     8  furnishing of facilities or services in connection therewith.
     9    (c) To cause to be made any written or oral inquiry or record concern-
    10  ing the race, creed, color, disability, national origin,  sexual  orien-
    11  tation,  gender  identity or expression, membership in the reserve armed
    12  forces of the United States or in the organized militia  of  the  state,
    13  age,  sex, marital status, lawful source of income or familial status of
    14  a person seeking to rent or lease any publicly-assisted housing accommo-
    15  dation; provided,  however,  that  nothing  in  this  subdivision  shall
    16  prohibit a member of the reserve armed forces of the United States or in
    17  the  organized  militia  of  the  state from voluntarily disclosing such
    18  membership.
    19    (c-1) To print or circulate or cause to be printed or  circulated  any
    20  statement,  advertisement or publication, or to use any form of applica-
    21  tion for the purchase, rental or lease of such housing accommodation  or
    22  to  make  any  record  or  inquiry  in  connection  with the prospective
    23  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    24  expresses,  directly  or  indirectly,  any  limitation, specification or
    25  discrimination as to race, creed, color, national origin, sexual  orien-
    26  tation,  gender identity or expression, military status, sex, age, disa-
    27  bility, marital status, lawful source of income or familial  status,  or
    28  any intent to make any such limitation, specification or discrimination.
    29    §  4.  Subparagraphs  1,  2 and 3 of paragraph (a) of subdivision 5 of
    30  section 296 of the executive law, as amended by chapter 8 of the laws of
    31  2019, are amended to read as follows:
    32    (1) To refuse to sell, rent, lease or otherwise to deny to or withhold
    33  from any person or group of persons such a housing accommodation because
    34  of the race, creed, color, national origin, sexual  orientation,  gender
    35  identity  or  expression, military status, sex, age, disability, marital
    36  status, lawful source of income or familial status  of  such  person  or
    37  persons,  or  to represent that any housing accommodation or land is not
    38  available for inspection, sale, rental or lease when in fact  it  is  so
    39  available.
    40    (2)  To discriminate against any person because of race, creed, color,
    41  national origin, sexual  orientation,  gender  identity  or  expression,
    42  military  status, sex, age, disability, marital status, lawful source of
    43  income or familial status in the terms, conditions or privileges of  the
    44  sale,  rental  or  lease  of  any  such  housing accommodation or in the
    45  furnishing of facilities or services in connection therewith.
    46    (3) To print or circulate or cause to be  printed  or  circulated  any
    47  statement,  advertisement or publication, or to use any form of applica-
    48  tion for the purchase, rental or lease of such housing accommodation  or
    49  to  make  any  record  or  inquiry  in  connection  with the prospective
    50  purchase,  rental  or  lease  of  such  a  housing  accommodation  which
    51  expresses,  directly  or  indirectly,  any  limitation, specification or
    52  discrimination as to race, creed, color, national origin, sexual  orien-
    53  tation,  gender identity or expression, military status, sex, age, disa-
    54  bility, marital status, lawful source of income or familial  status,  or
    55  any intent to make any such limitation, specification or discrimination.
        S. 1506--C                         43                         A. 2006--C
 
     1    §  5.  Subparagraphs  1  and  2  of  paragraph (c) of subdivision 5 of
     2  section 296 of the executive law, as amended by chapter 8 of the laws of
     3  2019, are amended to read as follows:
     4    (1)  To  refuse to sell, rent or lease any housing accommodation, land
     5  or commercial space to any person or group of persons or  to  refuse  to
     6  negotiate  for  the sale, rental or lease, of any housing accommodation,
     7  land or commercial space to any person or group of  persons  because  of
     8  the  race,  creed,  color,  national  origin, sexual orientation, gender
     9  identity or expression, military status, sex, age,  disability,  marital
    10  status,  lawful  source  of  income or familial status of such person or
    11  persons, or to represent that any housing accommodation, land or commer-
    12  cial space is not available for inspection, sale, rental or  lease  when
    13  in fact it is so available, or otherwise to deny or withhold any housing
    14  accommodation, land or commercial space or any facilities of any housing
    15  accommodation,  land  or  commercial  space  from any person or group of
    16  persons because of the  race,  creed,  color,  national  origin,  sexual
    17  orientation,  gender  identity or expression, military status, sex, age,
    18  disability, marital status, lawful source of income or  familial  status
    19  of such person or persons.
    20    (2)  To  print  or  circulate or cause to be printed or circulated any
    21  statement, advertisement or publication, or to use any form of  applica-
    22  tion  for  the  purchase,  rental or lease of any housing accommodation,
    23  land or commercial space or to make any record or inquiry in  connection
    24  with  the  prospective purchase, rental or lease of any housing accommo-
    25  dation, land or commercial space which expresses, directly or  indirect-
    26  ly,  any limitation, specification, or discrimination as to race, creed,
    27  color,  national  origin,  sexual  orientation,   gender   identity   or
    28  expression,  military  status,  sex,  age,  disability,  marital status,
    29  lawful source of income or familial status; or any intent  to  make  any
    30  such limitation, specification or discrimination.
    31    §  6.  Paragraph  (d) of subdivision 5 of section 296 of the executive
    32  law, as amended by chapter 8 of the laws of 2019, is amended to read  as
    33  follows:
    34    (d)  It  shall  be  an  unlawful  discriminatory practice for any real
    35  estate board, because of the race, creed, color, national origin, sexual
    36  orientation, gender identity or expression, military status,  age,  sex,
    37  disability,  marital  status, lawful source of income or familial status
    38  of any individual who is otherwise qualified for membership, to  exclude
    39  or  expel  such  individual  from membership, or to discriminate against
    40  such individual in the terms, conditions and privileges of membership in
    41  such board.
    42    § 7. This act shall take effect immediately and  shall  apply  to  all
    43  causes of action filed on or after such effective date.
 
    44                                   PART U
 
    45                            Intentionally Omitted

    46                                   PART V
 
    47                            Intentionally Omitted
 
    48                                   PART W
 
    49                            Intentionally Omitted
        S. 1506--C                         44                         A. 2006--C
 
     1                                   PART X
 
     2                            Intentionally Omitted
 
     3                                   PART Y
 
     4                            Intentionally Omitted
 
     5                                   PART Z
 
     6                            Intentionally Omitted
 
     7                                   PART AA
 
     8    Section 1. The opening paragraph of section 5-211 of the election law,
     9  as  amended  by  chapter  265 of the laws of 2013, is amended to read as
    10  follows:
    11    Each agency designated as a participating agency under the  provisions
    12  of this section shall implement and administer a program of distribution
    13  of  voter registration forms pursuant to the provisions of this section.
    14  The following offices which provide  public  assistance  and/or  provide
    15  state funded programs primarily engaged in providing services to persons
    16  with  disabilities are hereby designated as voter registration agencies:
    17  designated as the state agencies which provide public assistance are the
    18  office of children and family services,  the  office  of  temporary  and
    19  disability  assistance  and the department of health. Also designated as
    20  public assistance agencies are all agencies  of  local  government  that
    21  provide  such  assistance.  Designated  as  state  agencies that provide
    22  programs primarily engaged in providing services to people with disabil-
    23  ities are the department of labor, office for  the  aging,  division  of
    24  veterans'  [affairs]  services, office of mental health, office of voca-
    25  tional and  educational  services  for  individuals  with  disabilities,
    26  commission  on  quality  of  care  for  the mentally disabled, office of
    27  mental retardation and developmental disabilities,  commission  for  the
    28  blind,  office of alcoholism and substance abuse services, the office of
    29  the advocate for the disabled and all offices which administer  programs
    30  established or funded by such agencies. Additional state agencies desig-
    31  nated  as voter registration offices are the department of state and the
    32  division of workers' compensation. Such agencies shall  be  required  to
    33  offer  voter  registration forms to persons upon initial application for
    34  services, renewal or recertification for services and change of  address
    35  relating  to  such services. Such agencies shall also be responsible for
    36  providing assistance to  applicants  in  completing  voter  registration
    37  forms,  receiving  and  transmitting the completed application form from
    38  all applicants who wish to have such form transmitted to the appropriate
    39  board of elections. The state board of elections  shall,  together  with
    40  representatives  of  the  department  of  defense, develop and implement
    41  procedures for including recruitment offices of the armed forces of  the
    42  United  States  as  voter  registration offices when such offices are so
    43  designated by federal law. The state board shall also  make  request  of
    44  the  United  States  Immigration  and  Naturalization Service to include
    45  applications for registration by mail with any materials which are given
    46  to new citizens. All institutions of the state university  of  New  York
    47  and  the  city  university  of  New York, shall, at the beginning of the
    48  school year, and again in January of a year in which  the  president  of
    49  the United States is to be elected, provide an application for registra-
        S. 1506--C                         45                         A. 2006--C
 
     1  tion  to  each  student  in  each  such  institution. The state board of
     2  elections may, by regulation, grant a waiver from  any  or  all  of  the
     3  requirements  of  this section to any office or program of an agency, if
     4  it  determines  that  it  is  not feasible for such office or program to
     5  administer such requirement.
     6    § 2. Subdivision 8 of section 31 of the executive law, as  amended  by
     7  section 106 of subpart B of part C of chapter 62 of the laws of 2011, is
     8  amended to read as follows:
     9    8. The division of veterans' [affairs] services.
    10    §  2-a. Paragraph (e) of subdivision 1 of section 169 of the executive
    11  law, as amended by section 9 of part A of chapter  60  of  the  laws  of
    12  2012, is amended to read as follows:
    13    (e)  [chairman]  chairperson of state athletic commission, director of
    14  the office of victim services, [chairman] chairperson  of  human  rights
    15  appeal board, [chairman] chairperson of the industrial board of appeals,
    16  [chairman] chairperson of the state commission of correction, members of
    17  the  board  of parole, [member-chairman] member-chairperson of unemploy-
    18  ment insurance appeal board, director of veterans'  [affairs]  services,
    19  and [vice-chairman] vice-chairperson of the workers' compensation board;
    20    §  3.  Subdivision  1 of section 191 of the executive law, as added by
    21  chapter 285 of the laws of 1995, is amended to read as follows:
    22    1. There is hereby established within the  division  of  military  and
    23  naval  affairs  a  temporary  advisory  committee on the restoration and
    24  display of New York state's military battle flags (hereinafter  referred
    25  to  as  the  "committee").  The committee shall have thirteen members as
    26  follows: the adjutant general, the director of the New York state  mili-
    27  tary  heritage  museum, the commissioners of education and parks, recre-
    28  ation and historic preservation and the  director  of  the  division  of
    29  veterans'  [affairs]  services, or their designated representatives, two
    30  members appointed each by the governor,  speaker  of  the  assembly  and
    31  majority  leader  of  the  senate  and  one member each appointed by the
    32  minority leaders of the senate and assembly and shall serve at the plea-
    33  sure of the appointing authority.  Appointed members shall include indi-
    34  viduals with experience in restoration of historical memorabilia, exper-
    35  tise in military history, or a background in historical  restoration  or
    36  fine  arts  conservation.  No  appointed member shall be a member of the
    37  executive, legislative or judicial branch of the state government at the
    38  time of his/her appointment.  The advisory committee shall meet at least
    39  four times a year.  No  members  shall  receive  any  compensation,  but
    40  members  who  are  not  state officials may receive actual and necessary
    41  expenses incurred in the performance of their duties.
    42    § 4. The article heading of article 17 of the executive law is amended
    43  to read as follows:
    44                        VETERANS' [AFFAIRS] SERVICES
    45    § 5. Subdivisions 1 and 2 of section 350  of  the  executive  law  are
    46  amended to read as follows:
    47    1.  The  term  "division"  means  the  division of veterans' [affairs]
    48  services.
    49    2. The term "state director" means the  New  York  state  director  of
    50  veterans' [affairs] services.
    51    § 6. Section 351 of the executive law is amended to read as follows:
    52    § 351. Division  of  veterans'  [affairs]  services.   There is hereby
    53  created in the executive department a division  of  veterans'  [affairs]
    54  services.   The head of such division shall be the New York state direc-
    55  tor of veterans' [affairs] services who shall be a veteran.  He  or  she
    56  shall  be  appointed by the governor and shall hold office during his or
        S. 1506--C                         46                         A. 2006--C
 
     1  her pleasure.  Such state director shall receive an annual salary to  be
     2  fixed  by  the governor within the limitation provided by law. He or she
     3  shall also be entitled to receive  his  or  her  expenses  actually  and
     4  necessarily  incurred  by  him  or  her in the performance of his or her
     5  duties. The state director, with  the  approval  of  the  governor,  may
     6  establish  such  bureaus within the division as are necessary and appro-
     7  priate to carrying out its functions and may consolidate or abolish such
     8  bureaus. The state director  may  appoint  such  officers,  consultants,
     9  clerks  and  other employees and agents as he or she may deem necessary,
    10  fix their compensation  within  the  limitation  provided  by  law,  and
    11  prescribe their duties.
    12    §  7.  The  section heading and subdivisions 1 and 5 of section 352 of
    13  the executive law, as amended by chapter 501 of the laws  of  1993,  are
    14  amended to read as follows:
    15    Veterans'  [affairs]  services  commission.   1. There shall be in the
    16  division a veterans' [affairs] services commission, which shall  consist
    17  of the members and the ex officio members provided for in this section.
    18    5.  The  commission  shall  have  power,  and it shall be its duty, to
    19  assist the state director  in  the  formulation  of  policies  affecting
    20  veterans  and  in  the  coordination of all operations of state agencies
    21  relating to veterans' [affairs] services.
    22    § 8. Section 354-a of the executive law, as amended by section  95  of
    23  subpart  B  of  part  C of chapter 62 of the laws of 2011, is amended to
    24  read as follows:
    25    § 354-a. Information  on  status  of  veterans  receiving  assistance.
    26  Departments, divisions, bureaus, boards, commissions and agencies of the
    27  state  and  political  subdivisions  thereof,  which provide assistance,
    28  treatment, counseling, care, supervision or  custody  in  service  areas
    29  involving  health,  mental  health, family services, criminal justice or
    30  employment, including but not limited to the office  of  alcoholism  and
    31  substance  abuse  services, office of mental health, office of probation
    32  and correctional alternatives, office of children and  family  services,
    33  office  of  temporary  and  disability assistance, department of health,
    34  department of labor,  local  workforce  investment  boards,  office  for
    35  people  with  developmental  disabilities, and department of corrections
    36  and community supervision, shall request  assisted  persons  to  provide
    37  information  with  regard  to  their veteran status and military experi-
    38  ences. Individuals identifying themselves as veterans shall  be  advised
    39  that  the  division  of veterans' [affairs] services and local veterans'
    40  service agencies established pursuant to section  three  hundred  fifty-
    41  seven  of this article provide assistance to veterans regarding benefits
    42  under federal and state law. Information regarding veterans  status  and
    43  military  service  provided by assisted persons solely to implement this
    44  section shall be protected as personal  confidential  information  under
    45  article six-A of the public officers law against disclosure of confiden-
    46  tial  material,  and  used  only  to assist in the diagnosis, treatment,
    47  assessment and handling of the  veteran's  problems  within  the  agency
    48  requesting such information and in referring the veteran to the division
    49  of  veterans'  [affairs]  services  for  information and assistance with
    50  regard to benefits and entitlements under federal and state law.
    51    § 8-a. Subdivision 2 of section 354-e of the executive law,  as  added
    52  by chapter 322 of the laws of 2018, is amended to read as follows:
    53    2. Individuals identifying themselves as having served in the military
    54  or  a  family  member  shall  be  advised that the division of veterans'
    55  [affairs] services  and  local  veterans  service  agencies  established
    56  pursuant  to  section  three hundred fifty-seven of this article provide
        S. 1506--C                         47                         A. 2006--C
 
     1  assistance to veterans regarding benefits under federal and  state  law.
     2  Information  regarding veterans and military status provided by assisted
     3  persons solely to implement this section shall be protected as  personal
     4  confidential  material, and used only to assist in the diagnosis, treat-
     5  ment, assessment and handling of the veteran's or family member's  prob-
     6  lems  within the agency requesting such information and in referring the
     7  veteran or family member to the division of veterans' [affairs] services
     8  for the information and assistance with regard to benefits and  entitle-
     9  ments under federal and state law.
    10    §  9. Paragraph (b) of subdivision 1 of section 361-b of the executive
    11  law, as amended by chapter 515 of the laws of 2011, is amended  to  read
    12  as follows:
    13    (b)  "Division"  shall  mean the state division of veterans' [affairs]
    14  services.
    15    § 10. Section 362 of the executive law, as amended by chapter  251  of
    16  the laws of 2004, is amended to read as follows:
    17    § 362. Creation  of annuity. 1. Payment to veterans. a. Any veteran as
    18  defined in this article who has been or is hereafter classified  by  the
    19  New York State commission for the visually handicapped as a blind person
    20  as  defined in section three of chapter four hundred fifteen of the laws
    21  of nineteen hundred thirteen, as amended, and continues to  be  a  blind
    22  person  within  the  meaning of that section, shall, upon application to
    23  the director of the division of veterans' [affairs]  services,  be  paid
    24  out  of the treasury of the state for such term as such veteran shall be
    25  entitled thereto under the provisions of this article, the  sum  of  one
    26  thousand  dollars  annually,  plus  any applicable annual adjustment, as
    27  provided in this section.
    28    b. The entitlement of  any  veteran  to  receive  the  annuity  herein
    29  provided  shall  terminate  upon  his or her ceasing to continue to be a
    30  resident of and domiciled in the state,  but  such  entitlement  may  be
    31  reinstated  upon  application  to  the  director  of veterans' [affairs]
    32  services, if such veteran shall thereafter resume his or  her  residence
    33  and domicile in the state.
    34    c. The effective date of an award of the annuity to a veteran shall be
    35  the  date  of  receipt  of  the  application therefor by the director of
    36  veterans' [affairs] services, except that if the application  is  denied
    37  but  is  granted at a later date upon an application for reconsideration
    38  based upon new evidence, the effective date of the award of the  annuity
    39  to  a veteran shall be the date of receipt of the application for recon-
    40  sideration by the director of veterans' [affairs] services.
    41    2. Payment to widows and widowers of blind veterans. a.  The  unremar-
    42  ried  spouse  of  a  veteran  who heretofore has died or the unremarried
    43  spouse of a veteran dying hereafter, such veteran being at the  time  of
    44  her  or  his  death  a recipient of, or eligible for, the benefits above
    45  provided, shall, upon application to the director of veterans' [affairs]
    46  services, also be paid out of the treasury of the state the sum  of  one
    47  thousand  dollars  annually,  plus any applicable annual adjustment, for
    48  such term as such unremarried spouse shall be entitled thereto under the
    49  provisions of this article.
    50    b. The entitlement of any widow or  widower  to  receive  the  annuity
    51  herein  provided shall terminate upon her or his death or re-marriage or
    52  upon her or his ceasing to continue to be a resident of and domiciled in
    53  the state of New York, but  such  entitlement  may  be  reinstated  upon
    54  application  to  the  director  of veterans' [affairs] services, if such
    55  widow or widower shall thereafter resume her or his residence and  domi-
    56  cile in the state.
        S. 1506--C                         48                         A. 2006--C

     1    c. The effective date of an award of the annuity to a widow or widower
     2  shall  be the day after the date of death of the veteran if the applica-
     3  tion therefor is received within one year from such date  of  death.  If
     4  the  application  is  received  after  the  expiration of the first year
     5  following the date of the death of the veteran, the effective date of an
     6  award  of the annuity to a widow or widower shall be the date of receipt
     7  of the application by the director of veterans' [affairs]  services.  If
     8  an application is denied but is granted at a later date upon an applica-
     9  tion  for reconsideration based upon new evidence, the effective date of
    10  the award of the annuity to a widow or widower  shall  be  the  date  of
    11  receipt of the application for reconsideration by the director of veter-
    12  ans' [affairs] services.
    13    3.  Annual  adjustment.  Commencing in the year two thousand five, and
    14  for each year thereafter, the amount of any annuity payable  under  this
    15  section shall be the same amount as the annuity payable in the preceding
    16  year  plus  a  percentage  adjustment  equal  to  the  annual percentage
    17  increase, if any, for compensation and pension benefits administered  by
    18  the  United States Department of Veterans' Affairs in the previous year.
    19  Such percentage increase shall be rounded up to the  next  highest  one-
    20  tenth  of  one  percent  and shall not be less than one percent nor more
    21  than four percent. Commencing in the year two thousand five, the  direc-
    22  tor  of  veterans'  [affairs] services, not later than February first of
    23  each year, shall publish by any reasonable means the amount of the annu-
    24  ity as adjusted payable under this section.
    25    § 10-a. Subdivisions 1 and 2 of section  363  of  the  executive  law,
    26  subdivision  1 as added by chapter 424 of the laws of 1961, and subdivi-
    27  sion 2 as amended by chapter 1052 of the laws of 1971,  are  amended  to
    28  read as follows:
    29    1. The evidence of such service, blindness, residence and domicile, or
    30  of  such  marriage, widowhood, residence and domicile in each case shall
    31  be furnished in the manner and form prescribed by the director of veter-
    32  ans' [affairs] services who shall examine the same.
    33    2. Upon being satisfied that such service was  performed,  that  other
    34  facts  and  statements  in  the  application of such veteran or widow or
    35  widower are true and that the said veteran has been  classified  by  the
    36  New  York  state  commission  for  the  visually  handicapped as a blind
    37  person, where such veteran is not receiving or not entitled to receive a
    38  benefit from any existing retirement system to  which  the  state  is  a
    39  contributor, unless such veteran shall have become disabled by reason of
    40  loss  of  sight,  while  engaged  in  employment entitling him or her to
    41  receive a benefit from any existing retirement system to which the state
    42  is a contributor, and as a result of such disability  has  retired  from
    43  such  employment  and  is  receiving or is entitled to receive a benefit
    44  from such retirement system the director of veterans' [affairs] services
    45  shall certify to the state comptroller the  name  and  address  of  such
    46  veteran or widow or widower.
    47    §  10-b.  Subdivisions  3  and  5 of section 364 of the executive law,
    48  subdivision 3 as added by chapter 424 of the laws of 1961, and  subdivi-
    49  sion  5  as  amended  by chapter 115 of the laws of 1981, are amended to
    50  read as follows:
    51    3. Where any veteran is disqualified for the annuity  for  any  period
    52  solely  by  reason of the provisions of subdivision two of this section,
    53  the director of veterans' [affairs] services shall pay to his [wife]  or
    54  her  spouse,  if  any,  the annuity which such veteran would receive for
    55  that period but for said subdivision two.
        S. 1506--C                         49                         A. 2006--C
 
     1    5. Where payment of the annuity as hereinbefore authorized  is  to  be
     2  made to a mentally incompetent person or a conservatee, such payment may
     3  be  authorized  by  the  director of veterans' [affairs] services of the
     4  state to be paid only to a duly qualified court-appointed  committee  or
     5  conservator,  legally  vested with the care of such incompetent's person
     6  or property or of such conservatee's property, except that in  the  case
     7  of  an incompetent annuitant for whom a committee has not been appointed
     8  or a person under a substantial impairment [within the  meaning  of  the
     9  conservatorship  provisions  of  article  seventy-seven  of  the  mental
    10  hygiene law] for whom a conservator has not been appointed  and  who  is
    11  hospitalized  in  a  United  States [veterans'] veterans health adminis-
    12  tration hospital or in a hospital under the jurisdiction of the state of
    13  New York, the director of veterans' [affairs] services of the state  may
    14  in his or her discretion certify payment of the annuity, as hereinbefore
    15  authorized,  to  the  manager of such [veterans'] United States veterans
    16  health administration hospital or to the director of such state hospital
    17  for the account of the said incompetent or substantially impaired annui-
    18  tant.
    19    § 11. The third undesignated paragraph of subdivision 1 and the  open-
    20  ing  paragraphs  of  paragraphs  (a) and (b), paragraph (g), the opening
    21  paragraph and clause 6 of subparagraph (ii) of paragraph (h) of subdivi-
    22  sion 2 of section 365 of the executive law, as added  by  section  5  of
    23  part  W  of  chapter  57  of  the  laws  of 2013, are amended to read as
    24  follows:
    25    The legislature additionally finds and determines that it is therefore
    26  necessary to provide for the construction and establishment  of  one  or
    27  more New York state veterans cemeteries, and that to thereafter, provide
    28  for  the expansion, improvement, support, operation, maintenance and the
    29  provision of perpetual care of all such cemeteries  so  constructed  and
    30  established. The legislature also finds and determines that it is appro-
    31  priate  to  have the responsibility for the construction, establishment,
    32  expansion,  improvement,  support,  operation,   maintenance   and   the
    33  provision of perpetual care for veterans cemeteries in this state, to be
    34  under  the  oversight  and  direction  of the state division of veterans
    35  [affairs] services, and its director, individually, and as chair of  the
    36  management  board,  for  each  such veterans cemetery so constructed and
    37  established.
    38    The division, in cooperation with  the  United  States  department  of
    39  veterans  affairs, and in consultation with, and upon the support of the
    40  department of state  division  of  cemeteries,  is  hereby  directed  to
    41  conduct  an investigation and study on the issue of the construction and
    42  establishment of the first New York state [veterans] veterans' cemetery.
    43  Such investigation and study shall include, but not be limited to:
    44    Prior to the commencement of the investigation and study  pursuant  to
    45  paragraph  (a)  of  this  subdivision,  the  director of the division of
    46  veterans' [affairs] services, the director of the division of the  budg-
    47  et,  the  director  of the department of state's division of cemeteries,
    48  and the office of the state comptroller must certify  to  the  governor,
    49  the  temporary president of the senate, the speaker of the assembly, the
    50  chair of the senate finance committee and the chair of the assembly ways
    51  and means committee that the veterans remembrance and  cemetery  mainte-
    52  nance  and operation fund, created pursuant to section ninety-seven-mmmm
    53  of the state  finance  law,  contains  moneys  sufficient,  adjusted  to
    54  reflect  projected  future inflation, to fund the operation, maintenance
    55  and the provision of perpetual care of a state veterans' cemetery for  a
    56  period  of  not less than fifteen years, provided that such amount shall
        S. 1506--C                         50                         A. 2006--C
 
     1  not include any amount that shall be reimbursed or  contributed  to  the
     2  cemetery  from  the  government  of the United States or any amount that
     3  would be recoverable by the cemetery pursuant to a charge of fee for the
     4  provision  of a grave site for a non-veteran spouse or family member. In
     5  making such a certification, the director of the division  of  veterans'
     6  [affairs]  services,  the  director  of  the division of the budget, the
     7  director of the department of state's division of  cemeteries,  and  the
     8  office  of the state comptroller shall consider, but are not limited to,
     9  the following factors:
    10    (g) Nothing in this section shall be construed to authorize the  divi-
    11  sion  of  veterans'  [affairs] services to commence an investigation and
    12  study pursuant to paragraph (a) of this subdivision, issuing  a  request
    13  for proposals pursuant to paragraph (c) of this subdivision, selecting a
    14  site for the first New York state [veterans] veterans' cemetery pursuant
    15  to  paragraph (d) of this subdivision, or submitting any application for
    16  funding from the government of the United States in accordance with  the
    17  grant  requirements  specified in section 2408 of title 38 of the United
    18  States code, part 30 of title 38 of the code of federal regulations, and
    19  other relevant federal statutes or regulations, for the purpose of seek-
    20  ing  funds  to  support  the  construction,  establishment,   expansion,
    21  improvement,  support,  operation,  maintenance  and  the  provision  of
    22  perpetual care of New York state's first [veterans]  veterans'  cemetery
    23  pursuant  to  paragraph  (e)  of this subdivision until the funds in the
    24  veterans remembrance and cemetery maintenance and  operation  fund  have
    25  been certified pursuant to paragraph (b) of this subdivision.
    26    Guidelines  and  standards for the request for proposals for any local
    27  government desiring to have the first state [veterans]  veterans'  ceme-
    28  tery located within its political subdivision, pursuant to paragraph (b)
    29  of this subdivision, including, but not limited to:
    30    (6) The requirement that a response shall require the local government
    31  to agree to authorize the state of New York, in the event that the local
    32  government  fails to perform its obligations under the contract with the
    33  state of New York, that the state director of the division of  veterans'
    34  [affairs]  services  shall certify to the comptroller any unpaid amounts
    35  or any amounts necessary for the state to assume the  obligations  which
    36  the  local  government  failed to perform, and the comptroller shall, to
    37  the extent not otherwise prohibited by law, withhold  such  amount  from
    38  any  state  aid or other amount payable to such local government; to the
    39  extent that sufficient funds are not available for such withholding, the
    40  state may pursue any and all available legal  remedies  to  enforce  the
    41  terms of the contract entered into between the state and a local govern-
    42  ment pursuant to this subdivision; and
    43    § 11-a. Paragraph (a) of subdivision 1 of section 367 of the executive
    44  law,  as  amended by chapter 356 of the laws of 2018, is amended to read
    45  as follows:
    46    (a) A parent, identified in 10 USC 1126 as a gold star  parent,  of  a
    47  veteran  who heretofore has died or parent of a veteran dying hereafter,
    48  shall upon application to the state director, be paid an annual  annuity
    49  out of the treasury of the state for the sum of five hundred dollars for
    50  such  term as such parent shall be entitled thereto under the provisions
    51  of this article. Commencing in  the  year  two  thousand  nineteen,  the
    52  amount  of  any  annuity  payable  under  this section shall be the same
    53  amount as the annuity payable in the preceding year  plus  a  percentage
    54  adjustment  equal to the annual percentage increase, if any, for compen-
    55  sation and pension benefits administered by the United States department
    56  of [veterans'] veterans affairs in the previous  year.  Such  percentage
        S. 1506--C                         51                         A. 2006--C
 
     1  increase  shall  be  rounded  up  to  the  next highest one-tenth of one
     2  percent and shall not be less  than  one  percent  nor  more  than  four
     3  percent.  The  director  of veterans' [affairs] services, not later than
     4  February  first  of  each  year,  shall publish by any reasonable means,
     5  including but not limited to posting  on  the  division's  website,  the
     6  amount  of  the annuity as adjusted payable under this section. The term
     7  "parent" for the purposes of this section includes mother, father, step-
     8  mother, stepfather, mother through adoption and father through adoption.
     9    § 12. Subdivision 3 of section 369-d of the executive law, as added by
    10  chapter 557 of the laws of 2013, is amended to read as follows:
    11    3. establish and maintain, together with the director of the  division
    12  of veterans' [affairs] services, a program to educate separating service
    13  members as to the benefits available to veterans under this article.
    14    § 13. Paragraph (c) of subdivision 4 of section 369-i of the executive
    15  law,  as  added by chapter 22 of the laws of 2014, is amended to read as
    16  follows:
    17    (c) Evaluate and assess availability  of  firms  for  the  purpose  of
    18  increasing participation of such firms in state contracting in consulta-
    19  tion with relevant state entities including, but not limited to, the New
    20  York state division of veterans' [affairs] services.
    21    § 14. Subdivision 1 of section 643 of the executive law, as amended by
    22  section 107 of subpart B of part C of chapter 62 of the laws of 2011, is
    23  amended to read as follows:
    24    1.  As  used  in this section, "crime victim-related agency" means any
    25  agency of state government which provides services to or deals  directly
    26  with  crime  victims,  including  (a)  the office of children and family
    27  services, the office for the aging, the division of  [veterans  affairs]
    28  veterans'  services,  the  office of probation and correctional alterna-
    29  tives, the department of  corrections  and  community  supervision,  the
    30  office  of victim services, the department of motor vehicles, the office
    31  of vocational  rehabilitation,  the  workers'  compensation  board,  the
    32  department  of  health,  the  division of criminal justice services, the
    33  office of mental health, every transportation authority and the division
    34  of state police, and (b) any other agency so designated by the  governor
    35  within ninety days of the effective date of this section.
    36    §  15.  Subdivisions 3 and 4 of section 95-f of the state finance law,
    37  as added by chapter 266 of the laws of 2005,  are  amended  to  read  as
    38  follows:
    39    3. Monies of the fund shall be expended for the provision of veterans'
    40  counseling  services provided by local veterans' service agencies pursu-
    41  ant to section three hundred fifty-seven of the executive law under  the
    42  direction of the division of veterans' [affairs] services.
    43    4.  To  the extent practicable, the director of the division of veter-
    44  ans' [affairs] services shall ensure that all monies received  during  a
    45  fiscal year are expended prior to the end of that fiscal year.
    46    §  16.  The  opening paragraph of subdivision 2-a and subdivision 5 of
    47  section 97-mmmm of the state  finance  law,  the  opening  paragraph  of
    48  subdivision  2-a  as amended by section 27-c of part UU of chapter 54 of
    49  the laws of 2016, and subdivision 5 as added by section 2 of part  W  of
    50  chapter 57 of the laws of 2013, are amended to read as follows:
    51    On  or before the first day of February each year, the director of the
    52  New York state division of veterans' [affairs] services shall provide  a
    53  written  report to the temporary president of the senate, speaker of the
    54  assembly, chair of the senate finance committee, chair of  the  assembly
    55  ways  and  means  committee,  chair of the senate committee on veterans,
    56  homeland security and military affairs, chair of the assembly  veterans'
        S. 1506--C                         52                         A. 2006--C
 
     1  affairs  committee,  the  state  comptroller and the public. Such report
     2  shall include how the monies  of  the  fund  were  utilized  during  the
     3  preceding calendar year, and shall include:
     4    5.  Moneys  shall be payable from the fund on the audit and warrant of
     5  the comptroller on vouchers approved and certified by  the  director  of
     6  the division of [veterans affairs] veterans' services.
     7    §  17.  Subdivision  1,  the  opening paragraph of subdivision 2-a and
     8  subdivisions 4 and 5 of section 99-v of the state finance law,  subdivi-
     9  sions  1,  4  and 5 as added by chapter 428 of the laws of 2014, and the
    10  opening paragraph of subdivision 2-a as amended by section 27-d of  part
    11  UU of chapter 54 of the laws of 2016, are amended to read as follows:
    12    1. There is hereby established in the joint custody of the commission-
    13  er  of  taxation  and  finance, the New York state director of [veterans
    14  affairs] veterans' services and the comptroller, a special  fund  to  be
    15  known as the "homeless veterans assistance fund".
    16    On  or before the first day of February each year, the director of the
    17  New York state division of veterans' [affairs] services shall provide  a
    18  written  report to the temporary president of the senate, speaker of the
    19  assembly, chair of the senate finance committee, chair of  the  assembly
    20  ways  and  means  committee,  chair of the senate committee on veterans,
    21  homeland security and military affairs, chair of the assembly  veterans'
    22  affairs  committee,  the  state  comptroller and the public. Such report
    23  shall include how the monies  of  the  fund  were  utilized  during  the
    24  preceding calendar year, and shall include:
    25    4.  Moneys  of  the fund shall be expended only for the assistance and
    26  care of homeless veterans, for housing and housing-related expenses,  as
    27  determined by the division of [veterans affairs] veterans' services.
    28    5.  Moneys  shall  be paid out of the fund on the audit and warrant of
    29  the comptroller on vouchers approved and certified by the New York state
    30  director  of  [veterans  affairs]  veterans'  services.    Any  interest
    31  received  by the comptroller on moneys on deposit in the homeless veter-
    32  ans assistance fund shall be retained in and become part of such fund.
    33    § 18. Subdivision 1 of section 168 of the labor  law,  as  amended  by
    34  section 117 of subpart B of part C of chapter 62 of the laws of 2011, is
    35  amended to read as follows:
    36    1.  This  section  shall apply to all persons employed by the state in
    37  the ward, cottage, colony, kitchen and dining room,  and  guard  service
    38  personnel in any hospital, school, prison, reformatory or other institu-
    39  tion  within  or  subject  to  the jurisdiction, supervision, control or
    40  visitation of the department of corrections and  community  supervision,
    41  the  department of health, the department of mental hygiene, the depart-
    42  ment of social welfare or the division of veterans'  [affairs]  services
    43  in  the  executive  department,  and  engaged in the performance of such
    44  duties as nursing, guarding or attending the inmates, patients, wards or
    45  other persons kept or housed in such institutions, or in protecting  and
    46  guarding  the buildings and/or grounds thereof, or in preparing or serv-
    47  ing food therein.
    48    § 19. Subdivision 3 of section 404-v of the vehicle and  traffic  law,
    49  as  amended  by  chapter  266 of the laws of 2005, is amended to read as
    50  follows:
    51    3. A distinctive plate issued pursuant to this section shall be issued
    52  in the same manner as other number plates upon the payment of the  regu-
    53  lar  registration  fee  prescribed  by  section four hundred one of this
    54  article, provided, however, that an additional annual service charge  of
    55  fifteen  dollars  shall  be  charged for such plate. Such annual service
    56  charge shall be deposited to the credit of the Eighth Air Force  Histor-
        S. 1506--C                         53                         A. 2006--C
 
     1  ical  Society  fund established pursuant to section ninety-five-f of the
     2  state finance law and shall be used for  veterans'  counseling  services
     3  provided  by  local veterans' service agencies pursuant to section three
     4  hundred  fifty-seven  of  the  executive  law under the direction of the
     5  division of veterans' [affairs] services. Provided,  however,  that  one
     6  year  after  the  effective  date of this section funds in the amount of
     7  five thousand dollars, or so much thereof as may be available, shall  be
     8  allocated  to  the  department  to  offset  costs  associated  with  the
     9  production of such license plates.
    10    § 20. Subdivision 3 of section 11-0707 of the environmental  conserva-
    11  tion  law, as amended by section 92 of subpart B of part C of chapter 62
    12  of the laws of 2011, is amended to read as follows:
    13    3. Any person who is a patient at any facility  in  this  state  main-
    14  tained  by  the United States [Veterans'] Veterans Health Administration
    15  or at any hospital or sanitorium for  treatment  of  tuberculosis  main-
    16  tained  by  the  state  or any municipal corporation thereof or resident
    17  patient at any institution of the department of Mental Hygiene, or resi-
    18  dent patient at the rehabilitation hospital of the department of Health,
    19  or at any rest camp maintained by the  state  through  the  Division  of
    20  Veterans'  [Affairs]  Services in the Executive Department or any inmate
    21  of a conservation work camp within the youth rehabilitation facility  of
    22  the  department  of corrections and community supervision, or any inmate
    23  of a youth opportunity or youth rehabilitation center within the  Office
    24  of Children and Family Services, any resident of a nursing home or resi-
    25  dential health care facility as defined in subdivisions two and three of
    26  section  twenty-eight hundred one of the public health law, or any staff
    27  member or volunteer accompanying or assisting one or more  residents  of
    28  such  nursing  home  or  residential  health  care facility on an outing
    29  authorized by the administrator of  such  nursing  home  or  residential
    30  health  care  facility  may  take  fish  as  if he or she held a fishing
    31  license, except that he or she may not take bait fish by net or trap, if
    32  he or she has on  his  or  her  person  an  authorization  upon  a  form
    33  furnished  by the department containing such identifying information and
    34  data as may be required by it, and signed by the superintendent or other
    35  head of such facility, institution, hospital, sanitarium, nursing  home,
    36  residential health care facility or rest camp, as the case may be, or by
    37  a staff physician thereat duly authorized so to do by the superintendent
    38  or  other  head  thereof.  Such authorization with respect to inmates of
    39  said conservation work camps shall be limited to areas under  the  care,
    40  custody and control of the department.
    41    §  21.  Subdivision  5  of section 2805-b of the public health law, as
    42  amended by chapter 64 of the  laws  of  2016,  is  amended  to  read  as
    43  follows:
    44    5.  The  staff of a general hospital shall: (a) inquire whether or not
    45  the person admitted has served in the United States armed  forces.  Such
    46  information  shall  be  listed  on  the  admissions form; (b) notify any
    47  admittee who is a veteran of the possible availability of services at  a
    48  hospital  operated by the [veterans administration] United States veter-
    49  ans health administration, and, upon request by the admittee, such staff
    50  shall make arrangements for the individual's  transfer  to  a  [veterans
    51  administration  operated]  United  States veterans health administration
    52  hospital, provided, however, that transfers  shall  be  authorized  only
    53  after it has been determined, according to accepted clinical and medical
    54  standards,  that the patient's condition has stabilized and transfer can
    55  be accomplished safely and without complication;  and  (c)  provide  any
    56  admittee who has served in the United States armed forces with a copy of
        S. 1506--C                         54                         A. 2006--C
 
     1  the  "Information  for  Veterans  concerning  Health  Care Options" fact
     2  sheet, maintained by the division of veterans' [affairs] services pursu-
     3  ant to subdivision twenty-three of section three hundred fifty-three  of
     4  the  executive law prior to discharging or transferring the patient. The
     5  commissioner shall promulgate rules and regulations for  notifying  such
     6  admittees  of  possible available services and for arranging a requested
     7  transfer.
     8    § 22. Subdivisions 2 and 3 of section 2805-o of the public health law,
     9  subdivision 2 as amended by chapter 95 of the laws of 2004, and subdivi-
    10  sion 3 as added by chapter 158 of the laws of 1993, are amended to  read
    11  as follows:
    12    2.  Every  nursing  home and residential health care facility shall in
    13  writing advise all individuals identifying  themselves  as  veterans  or
    14  spouses  of  veterans  that the division of veterans' [affairs] services
    15  and local veterans' service agencies  established  pursuant  to  section
    16  three  hundred fifty-seven of the executive law to provide assistance to
    17  veterans and their spouses regarding benefits under  federal  and  state
    18  law.  Such written information shall include the name, address and tele-
    19  phone number of the New  York  state  division  of  veterans'  [affairs]
    20  services,  the  nearest division of veterans' [affairs] services office,
    21  the nearest county or city veterans'  service  agency  and  the  nearest
    22  accredited veterans' service officer.
    23    3.  Every  nursing  home  and  residential  health care facility, upon
    24  request of individuals identifying themselves as veterans or spouses  of
    25  veterans, shall transmit such veteran status information to the division
    26  of veterans' [affairs] services.
    27    § 23. Subdivision 2 of section 3802 of the public health law, as added
    28  by chapter 1135 of the laws of 1971, is amended to read as follows:
    29    2. In the exercise of the foregoing powers and duties the commissioner
    30  shall  consult  with the director of the division of veterans' [affairs]
    31  services and the heads of state agencies charged with responsibility for
    32  manpower and health resources.
    33    § 24. Subdivision 3 of section 3803  of  the  public  health  law,  as
    34  amended  by  chapter  743  of  the  laws  of 2006, is amended to read as
    35  follows:
    36    3. In exercising any of his or her  powers  under  this  section,  the
    37  commissioner  shall  consult with appropriate health care professionals,
    38  providers, veterans or organizations representing them, the division  of
    39  veterans'  [affairs] services, the [federal] United States department of
    40  [veterans'] veterans affairs and the United States defense department.
    41    § 25. Section 99-v of the general municipal law, as added  by  chapter
    42  16 of the laws of 2011, is amended to read as follows:
    43    §  99-v.  Veterans [affairs] services; display of events. Each county,
    44  city, town or village may adopt a local law to provide a bulletin  board
    45  to  be  conspicuously  displayed  in  such county, city, town or village
    46  building holding its local legislative body or municipal  offices.  Such
    47  bulletin  board  shall  be  used by veterans organizations, the New York
    48  state division of veterans'  [affairs]  services,  the  county  veterans
    49  service  agency  or  city veterans service agency to display information
    50  regarding veterans in such county, city, town or village. Such  informa-
    51  tion  may  include, but not be limited to, benefits or upcoming veterans
    52  related events in the community.
    53    § 26. Subdivision 1-b of section 247 of the military law, as added  by
    54  chapter 477 of the laws of 2013, is amended to read as follows:
    55    1-b.  The adjutant general is hereby authorized to present in the name
    56  of the legislature of the state of New York, a certificate, to be  known
        S. 1506--C                         55                         A. 2006--C
 
     1  as  the  "Cold  War Certificate", bearing a suitable inscription, to any
     2  person: (i) who is a citizen of the state of New York or (ii) who was  a
     3  citizen  of  the  state of New York while serving in the armed forces of
     4  the  United  States;  (iii) who served in the United States Armed Forces
     5  during the period  of  time  from  September  second,  nineteen  hundred
     6  forty-five  through  December twenty-sixth, nineteen hundred ninety-one,
     7  commonly known  as  the  Cold  War  Era;  and  (iv)  who  was  honorably
     8  discharged or released under honorable circumstances during the Cold War
     9  Era.  Not  more  than  one  Cold  War  Certificate  shall  be awarded or
    10  presented, under the provisions of this subdivision, to any person whose
    11  entire service subsequent to the time of the receipt of such medal shall
    12  not have been honorable. In the event of the death of any person  during
    13  or  subsequent  to the receipt of such certificate it shall be presented
    14  to such representative of the deceased as may be designated.  The  adju-
    15  tant  general,  in  consultation  with  the  director of the division of
    16  veterans' [affairs] services, shall make such rules and  regulations  as
    17  may  be deemed necessary for the proper presentation and distribution of
    18  the certificate.
    19    § 27. Subdivision 3 of section 14-a of the domestic relations law,  as
    20  amended  by  chapter  297  of  the  laws  of 1963, is amended to read as
    21  follows:
    22    3. No fee shall be charged for any certificate when  required  by  the
    23  [veterans  administration]  United States department of veterans affairs
    24  or by the division of veterans' [affairs] services of the state  of  New
    25  York  to be used in determining the eligibility of any person to partic-
    26  ipate in the benefits made available by  the  [veterans  administration]
    27  United  States  department  of  veterans  affairs or by the state of New
    28  York.
    29    § 28. Subdivision 1 of section 19 of the domestic  relations  law,  as
    30  amended  by  chapter  674  of  the  laws  of 1985, is amended to read as
    31  follows:
    32    1. Each town  and  city  clerk  hereby  empowered  to  issue  marriage
    33  licenses shall keep a book supplied by the state department of health in
    34  which  such clerk shall record and index such information as is required
    35  therein, which book shall be kept and preserved as a part of the  public
    36  records  of  his  or  her  office. Whenever an application is made for a
    37  search of such records the city or town clerk, excepting the city  clerk
    38  of  the city of New York, may make such search and furnish a certificate
    39  of the result to the applicant upon the payment of a fee of five dollars
    40  for a search of one year and a further fee of one dollar for the  second
    41  year  for  which such search is requested and fifty cents for each addi-
    42  tional year thereafter, which fees shall be  paid  in  advance  of  such
    43  search.  Whenever an application is made for a search of such records in
    44  the city of New York, the city clerk of the city of New  York  may  make
    45  such  search  and  furnish  a certificate of the result to the applicant
    46  upon the payment of a fee of five dollars for a search of one year and a
    47  further fee of one dollar for  the  second  year  for  which  search  is
    48  requested and fifty cents each additional year thereafter. Notwithstand-
    49  ing any other provision of this article, no fee shall be charged for any
    50  search  or  certificate  when  required by the [veterans administration]
    51  United States department of veterans  affairs  or  by  the  division  of
    52  veterans'  [affairs]  services  of  the  state of New York to be used in
    53  determining the eligibility of any person to participate in the benefits
    54  made available by the [veterans administration] United States department
    55  of veterans affairs or by the state of New York.  All  such  affidavits,
    56  statements and consents, immediately upon the taking or receiving of the
        S. 1506--C                         56                         A. 2006--C
 
     1  same  by  the  town  or  city  clerk,  shall  be recorded and indexed as
     2  provided  herein  and  shall  be  public  records  and  open  to  public
     3  inspection  whenever  the same may be necessary or required for judicial
     4  or  other  proper  purposes.  At  such  times  as the commissioner shall
     5  direct, the said town or city clerk, excepting the  city  clerk  of  the
     6  city  of  New  York, shall file in the office of the state department of
     7  health the original of each affidavit, statement, consent,  order  of  a
     8  justice  or  judge  authorizing  immediate  solemnization  of  marriage,
     9  license and certificate, filed with or made before such clerk during the
    10  preceding month. Such clerk shall not be required to file  any  of  said
    11  documents  with  the  state  department  of  health until the license is
    12  returned with the certificate showing that the marriage  to  which  they
    13  refer has been actually performed.
    14    The  county  clerks  of  the  counties comprising the city of New York
    15  shall cause all original applications and  original  licenses  with  the
    16  marriage  solemnization  statements  thereon heretofore filed with each,
    17  and all papers and records and binders relating to such  original  docu-
    18  ments  pertaining  to  marriage  licenses  issued by said city clerk, in
    19  their custody and possession to be removed, transferred,  and  delivered
    20  to the borough offices of the city clerk in each of said counties.
    21    §  29. Subdivision 1 of section 3308 of the education law, as added by
    22  section 1 of part A of chapter 328 of the laws of 2014,  is  amended  to
    23  read as follows:
    24    1. Each member state shall, through the creation of a state council or
    25  use of an existing body or board, provide for the coordination among its
    26  agencies  of government, local educational agencies and military instal-
    27  lations concerning the state's participation in,  and  compliance  with,
    28  this  compact  and  interstate  commission  activities. In New York, the
    29  state council shall include the commissioner or his or her designee, the
    30  director of the New York state division of veterans' [affairs]  services
    31  or his or her designee, the adjutant general of the state of New York or
    32  his  or  her designee, a superintendent of a school district with a high
    33  concentration of military children  appointed  by  the  commissioner,  a
    34  district superintendent of schools of a board of cooperative educational
    35  services  serving an area with a high concentration of military children
    36  appointed by the commissioner, a representative from a military  instal-
    37  lation  appointed by the governor, a representative of military families
    38  appointed by the governor, a public member appointed by the governor and
    39  one representative each appointed by the speaker of  the  assembly,  the
    40  temporary president of the senate and the governor.
    41    §  30.  Subdivision 1 of section 6505-c of the education law, as added
    42  by chapter 106 of the laws of 2003, is amended to read as follows:
    43    1. The commissioner shall develop, jointly with the  director  of  the
    44  division of veterans' [affairs] services, a program to facilitate artic-
    45  ulation  between  participation  in  the  military service of the United
    46  States or the military service of the state and admission to practice of
    47  a profession. The commissioner and the director shall  identify,  review
    48  and  evaluate  professional training programs offered through either the
    49  military service of the United States or the  military  service  of  the
    50  state  which  may,  where  applicable,  be accepted by the department as
    51  equivalent education and training in lieu of all or part of an  approved
    52  program.  Particular  emphasis  shall be placed on the identification of
    53  military programs which have previously been deemed  acceptable  by  the
    54  department  as  equivalent  education  and  training, programs which may
    55  provide, where applicable, equivalent education and training  for  those
    56  professions  which are critical to public health and safety and programs
        S. 1506--C                         57                         A. 2006--C
 
     1  which may provide, where applicable, equivalent education  and  training
     2  for  those  professions  for  which  shortages exist in the state of New
     3  York.
     4    §  31.  Paragraph  5  of subdivision (b) of section 5.06 of the mental
     5  hygiene law, as added by section 2 of part N of chapter 56 of  the  laws
     6  of 2012, is amended to read as follows:
     7    (5)  one  member appointed on the recommendation of the state director
     8  of the division of veterans' [affairs] services and one member appointed
     9  on the recommendation of the adjutant general of the division  of  mili-
    10  tary  and  naval  affairs,  at  least  one of whom shall be a current or
    11  former consumer of mental health  services  or  substance  use  disorder
    12  services  who  is a veteran who has served in a combat theater or combat
    13  zone of operations and is a member of a veterans organization;
    14    § 31-a. Subdivision (i) of section 19.07 of the mental hygiene law, as
    15  added by chapter 358 of the laws of 2013, is amended to read as follows:
    16    (i) The office of alcoholism and substance abuse services shall  peri-
    17  odically, in consultation with the state director of veterans' [affairs]
    18  services:  (1) review the programs operated by the office to ensure that
    19  the needs of the state's veterans who served in the  U.S.  armed  forces
    20  and who are recovering from alcohol and/or substance abuse are being met
    21  and  to  develop improvements to programs to meet such needs; and (2) in
    22  collaboration with the state director of  veterans'  [affairs]  services
    23  and  the  commissioner  of  the office of mental health, review and make
    24  recommendations to improve programs that  provide  treatment,  rehabili-
    25  tation,  relapse  prevention, and recovery services to veterans who have
    26  served in a combat theatre or combat  zone  of  operations  and  have  a
    27  co-occurring mental health and alcoholism or substance abuse disorder.
    28    §  31-b. Subdivision 15 of section 202 of the elder law, as amended by
    29  chapter 455 of the laws of 2016, is amended to read as follows:
    30    15. to periodically, in consultation with the state director of veter-
    31  ans' [affairs] services, review the programs operated by the  office  to
    32  ensure  that the needs of the state's aging veteran population are being
    33  met and to develop improvements to programs to meet such needs; and
    34    § 32. Paragraph (j) of subdivision 3  of  section  20  of  the  social
    35  services law, as added by chapter 407 of the laws of 2016, is amended to
    36  read as follows:
    37    (j)  to  ensure the provision, on any form required to be completed at
    38  application or recertification for the purpose  of  obtaining  financial
    39  assistance  pursuant to this chapter, the form shall contain a check-off
    40  question asking whether the applicant or recipient or a member of his or
    41  her family served in the United States military, and an option to answer
    42  in the affirmative. Where the applicant  or  recipient  answers  in  the
    43  affirmative  to  such  question,  the office of temporary and disability
    44  assistance shall ensure that contact information for the state  division
    45  of veterans' [affairs] services is provided to such applicant or recipi-
    46  ent, in addition to any other materials provided.
    47    §  33.  Paragraph (g) of section 202 of the not-for-profit corporation
    48  law, as added by chapter 407 of the laws of 2016, is amended to read  as
    49  follows:
    50    (g) Every corporation receiving any kind of state funding shall ensure
    51  the  provision  on  any  form required to be completed at application or
    52  recertification for the purpose of obtaining financial assistance pursu-
    53  ant to this chapter, that the application form shall contain a check-off
    54  question asking whether the applicant or recipient or a member of his or
    55  her family served in the United States military, and an option to answer
    56  in the affirmative. Where the applicant  or  recipient  answers  in  the
        S. 1506--C                         58                         A. 2006--C
 
     1  affirmative  to  such  question,  the  not-for-profit  corporation shall
     2  ensure that contact information for  the  state  division  of  veterans'
     3  [affairs]  services  is provided to such applicant or recipient in addi-
     4  tion to any other materials provided.
     5    §  34. Paragraph (b) of section 1401 of the not-for-profit corporation
     6  law, as amended by chapter 675 of the laws of 2004, is amended  to  read
     7  as follows:
     8    (b)  Removal  of  remains from private cemeteries to other cemeteries.
     9  The supervisor of any town containing a private cemetery may remove  any
    10  body interred in such cemetery to any other cemetery within the town, if
    11  the  owners  of  such  cemeteries  and  the  next of kin of the deceased
    12  consent to such removal. The owners of a private cemetery may remove the
    13  bodies interred therein to any other cemetery within such  town,  or  to
    14  any  cemetery  designated  by the next of kin of the deceased. Notice of
    15  such removal shall be given  within  twenty  days  before  such  removal
    16  personally  or  by  certified mail to the next of kin of the deceased if
    17  known and to the clerk and historian of the county in  which  such  real
    18  property  is  situated  and  notice shall be given to the New York state
    19  department of state, division of cemeteries. If any of the deceased  are
    20  known  to  be  veterans,  the  owners  shall also notify the division of
    21  veterans' [affairs] services. In the absence of the  next  of  kin,  the
    22  county  clerk,  county  historian or the division of veterans' [affairs]
    23  services may act as a guardian to ensure proper reburial.
    24    § 35. Subdivision 10 of section 458 of the real property tax  law,  as
    25  added by chapter 426 of the laws of 2014, is amended to read as follows:
    26    10.  The  commissioner shall develop in consultation with the director
    27  of the New York state division of veterans' [affairs] services a listing
    28  of documents to be used to establish  eligibility  under  this  section,
    29  including  but not limited to a certificate of release or discharge from
    30  active duty also  known  as  a  DD-214  form  or  an  Honorable  Service
    31  Certificate/Report  of  Causality  from  the department of defense. Such
    32  information shall be made  available  to  each  county,  city,  town  or
    33  village  assessor's  office, or congressional chartered veterans service
    34  officers who request such information. The listing of  acceptable  mili-
    35  tary  records  shall  be  made available on the internet websites of the
    36  division of veterans' [affairs] services and the office of real property
    37  tax services.
    38    § 36. Subdivision 9 of section 458-a of the real property tax law,  as
    39  added by chapter 426 of the laws of 2014, is amended to read as follows:
    40    9. The commissioner shall develop in consultation with the director of
    41  the New York state division of veterans' [affairs] services a listing of
    42  documents  to  be  used  to  establish  eligibility  under this section,
    43  including but not limited to a certificate of release or discharge  from
    44  active  duty  also  known  as  a  DD-214  form  or  an Honorable Service
    45  Certificate/Report of Causality from the  department  of  defense.  Such
    46  information  shall  be  made  available  to  each  county, city, town or
    47  village assessor's office, or congressional chartered  veterans  service
    48  officers  who  request such information. The listing of acceptable mili-
    49  tary records shall be made available on the  internet  websites  of  the
    50  division of veterans' [affairs] services and the office of real property
    51  tax services.
    52    §  37. Subdivision 8 of section 458-b of the real property tax law, as
    53  added by chapter 426 of the laws of 2014, is amended to read as follows:
    54    8. The commissioner shall develop in consultation with the director of
    55  the New York state division of veterans' [affairs] services a listing of
    56  documents to be  used  to  establish  eligibility  under  this  section,
        S. 1506--C                         59                         A. 2006--C
 
     1  including  but not limited to a certificate of release or discharge from
     2  active duty also  known  as  a  DD-214  form  or  an  Honorable  Service
     3  Certificate/Report  of  Causality  from  the department of defense. Such
     4  information  shall  be  made  available  to  each  county, city, town or
     5  village assessor's office, or congressional chartered  veterans  service
     6  officers  who  request such information. The listing of acceptable mili-
     7  tary records shall be made available on the  internet  websites  of  the
     8  division of veterans' [affairs] services and the office of real property
     9  tax services.
    10    §  38. Subdivision 1 of section 20 of chapter 784 of the laws of 1951,
    11  constituting the New York state defense emergency  act,  as  amended  by
    12  section  85  of  part A of chapter 62 of the laws of 2011, is amended to
    13  read as follows:
    14    1. There is hereby continued in the division  of  military  and  naval
    15  affairs  in the executive department a state civil defense commission to
    16  consist of the same members as the members of the disaster  preparedness
    17  commission  as  established  in  article  two-B of the executive law. In
    18  addition, the  superintendent  of  financial  services,  the  [chairman]
    19  chairperson  of  the workers' compensation board and the director of the
    20  division of veterans' [affairs] services shall be members. The  governor
    21  shall  designate  one of the members of the commission to be the [chair-
    22  man] chairperson thereof. The commission may provide  for  its  division
    23  into  subcommittees  and  for action by such subcommittees with the same
    24  force and effect as action by the full commission. The  members  of  the
    25  commission,  except  for  those  who  serve ex officio, shall be allowed
    26  their actual and necessary expenses incurred in the performance of their
    27  duties under this article but shall receive no  additional  compensation
    28  for services rendered pursuant to this article.
    29    §  39.  Paragraph 2 of subdivision b of section 31-102 of the adminis-
    30  trative code of the city of New York, as added by local law  number  113
    31  of  the  city  of  New  York  for  the  year 2015, is amended to read as
    32  follows:
    33    2. links to websites describing veteran employment  services  provided
    34  by  the federal government and New York state government, including, but
    35  not limited to, the websites of the United States department  of  labor,
    36  the  New York state department of labor, the United States department of
    37  veterans affairs, and the New York state division of veterans' [affairs]
    38  services; and
    39    § 40. Subdivision a of section 3102 of the New York city  charter,  as
    40  added by local law number 113 of the city of New York for the year 2015,
    41  is amended to read as follows:
    42    a.  Except  as  otherwise provided by law, the commissioner shall have
    43  such powers as provided by the director of the state  veterans'  service
    44  agency  and shall have the duty to inform military and naval authorities
    45  of the United States and assist members of the armed forces  and  veter-
    46  ans,  who are residents of the city, and their families, in relation to:
    47  (1) matters pertaining to educational training and  retraining  services
    48  and  facilities,  (2)  health,  medical  and  rehabilitation service and
    49  facilities, (3) provisions of federal, state and local  laws  and  regu-
    50  lations  affording special rights and privileges to members of the armed
    51  forces and veterans and their families, (4) employment and re-employment
    52  services, and (5) other  matters  of  similar,  related  or  appropriate
    53  nature.  The  commissioner  shall also assist families of members of the
    54  reserve components of the armed forces and the organized militia ordered
    55  into active duty to ensure that they are made aware of and are receiving
    56  all appropriate support available to them.  The  department  also  shall
        S. 1506--C                         60                         A. 2006--C
 
     1  perform  such  other  duties as may be assigned by the state director of
     2  the division of veterans' [affairs] services.
     3    §  41.  The  section  heading  and subdivision 1 of section 352 of the
     4  executive law, as amended by chapter  501  of  the  laws  of  1993,  are
     5  amended to read as follows:
     6    Veterans'  [affairs]  services  commission.  1.  There shall be in the
     7  division a veterans' [affairs] services commission, which shall  consist
     8  of the members and the ex officio members provided for in this section.
     9    § 42. Subdivision 1 of section 359 of the executive law, as amended by
    10  chapter 196 of the laws of 2009, is amended to read as follows:
    11    1.  A  local  director  shall  designate the location of the local and
    12  branch offices of the local veterans' service agency within his  or  her
    13  jurisdiction,  which offices shall be open during convenient hours.  The
    14  cost of maintenance and operation of a county veterans'  service  agency
    15  shall  be a county charge and the cost of maintenance and operation of a
    16  city veterans' service agency shall be a city charge, excepting that the
    17  state director with the approval of  the  veterans'  [affairs]  services
    18  commission  shall allot and pay, from state moneys made available to him
    19  or her for such purposes, to each county veterans'  service  agency  and
    20  each  city veterans' service agency, an amount equal to fifty per centum
    21  of its expenditures for maintenance and operation approved by the  state
    22  director,  provided  that in no event shall the amount allotted and paid
    23  for such approved expenditures incurred in any given year exceed (1)  in
    24  the  case  of  any  county veterans' service agency in a county having a
    25  population of not more than one hundred thousand or in the case  of  any
    26  city  veterans' service agency in a city having a population of not more
    27  than one hundred thousand, the sum of ten thousand dollars, nor  (2)  in
    28  the  case  of  any  county veterans' service agency in a county having a
    29  population in excess of one hundred thousand excluding the population of
    30  any city therein which has a city veterans' service agency, the  sum  of
    31  ten thousand dollars, and, in addition thereto, the sum of five thousand
    32  dollars  for each one hundred thousand, or major portion thereof, of the
    33  population of the county in excess of one hundred thousand excluding the
    34  population of any city therein which has a city veterans' service  agen-
    35  cy,  nor  (3) in the case of any city veterans' service agency in a city
    36  having a population in excess of one hundred thousand, the  sum  of  ten
    37  thousand  dollars,  and,  in  addition thereto, the sum of five thousand
    38  dollars for each one hundred thousand, or major portion thereof, of  the
    39  population  of  the  city  in excess of one hundred thousand. Such popu-
    40  lation shall be certified in the same  manner  as  provided  by  section
    41  fifty-four of the state finance law.
    42    § 43. Terms occurring in laws, contracts and other documents.  Whenev-
    43  er  the functions, powers, obligations, duties and officials relating to
    44  the division of veterans' affairs, the veterans' affairs  commission  or
    45  the  director  of  veterans' affairs is referred to or designated in any
    46  other law, regulation, contract or document, such  reference  or  desig-
    47  nation  shall  be  deemed to refer to the appropriate functions, powers,
    48  obligations, duties, officials and director of the division of veterans'
    49  services or the veterans' services commission,  as  designated  by  this
    50  act.
    51    §  44.  Existing  rights  and remedies preserved. No existing right or
    52  remedy of any character shall be lost, impaired or affected by reason of
    53  this act.
    54    § 45. Severability. If any clause, sentence,  paragraph,  subdivision,
    55  section  or  part contained in any part of this act shall be adjudged by
    56  any court of competent jurisdiction to be invalid, such  judgment  shall
        S. 1506--C                         61                         A. 2006--C
 
     1  not  affect,  impair,  or invalidate the remainder thereof, but shall be
     2  confined in its operation to the clause, sentence,  paragraph,  subdivi-
     3  sion, section or part contained in any part thereof directly involved in
     4  the  controversy  in which such judgment shall have been rendered. It is
     5  hereby declared to be the intent of the legislature that this act  would
     6  have  been enacted even if such invalid provisions had not been included
     7  herein.
     8    § 46. This act shall take effect immediately; provided, however,  that
     9  the amendments to paragraph (c) of subdivision 4 of section 369-i of the
    10  executive  law made by section thirteen of this act shall not affect the
    11  repeal of such section and shall be deemed repealed therewith.
 
    12                                   PART BB
 
    13    Section 1. Subdivisions 2 and 4 and paragraph e of  subdivision  5  of
    14  section  6456  of the education law, subdivision 2 as added by section 1
    15  of part X of chapter 56 of the laws of 2015, subdivision 4 as amended by
    16  section 2 of part V of chapter 56 of the laws of 2018, and  paragraph  e
    17  of  subdivision  5  as added by section 1 of part V of chapter 56 of the
    18  laws of 2018, are amended to read as follows:
    19    2. For the  purposes  of  this  section,  "foster  youth"  shall  mean
    20  students  who  [have  qualified as] (i) are an orphan[, foster child] or
    21  (ii) are, or have been, either a child or youth in foster care  as  such
    22  term is defined in section thirty-two hundred forty-four of this chapter
    23  or  ward of the court [for the purposes of federal student financial aid
    24  programs authorized by Title IV of the Higher Education Act of 1965,  as
    25  amended] at any time after their thirteenth birthday.
    26    4. Funds for all programs under this section shall be awarded in equal
    27  amounts  per  foster youth[, except for students not enrolled in a post-
    28  secondary opportunity program,] to each  institution  that  applies  for
    29  funding  allocated to its sector distribution as provided in subdivision
    30  three of this section and has an application that  is  approved  by  the
    31  commissioner;  provided,  however,  funds  shall  be awarded to a foster
    32  youth based on his or her need as determined by the institution of high-
    33  er education where such foster youth is in attendance.
    34    e. to provide supplemental housing and meals  for  foster  youth  [not
    35  currently  enrolled in a post-secondary opportunity program at the state
    36  university of New York].
    37    § 2. This act shall take effect immediately.
 
    38                                   PART CC
 
    39    Section 1. Paragraph h of subdivision 2 of section 355 of  the  educa-
    40  tion law is amended by adding a new subparagraph 3-a to read as follows:
    41    (3-a)  Notwithstanding the provisions of any other general, special or
    42  local law, rule or regulation, the state university  trustees  shall  be
    43  authorized  to  set  a  reduced rate of tuition and/or fees, or to waive
    44  tuition and/or fees entirely, for students participating in any dual  or
    45  concurrent  enrollment  program with no reduction in other state, local,
    46  or other support for such students  earning  college  credit  that  such
    47  higher  education  partner  would  otherwise  be  eligible  to  receive;
    48  provided that, for purposes of this  provision,  a  dual  or  concurrent
    49  enrollment  program  shall  mean  one or more college courses taken by a
    50  high school student through  a  state-operated  institution  while  such
    51  student is still enrolled in high school or boards of cooperative educa-
        S. 1506--C                         62                         A. 2006--C
 
     1  tional  services  and for which the student may receive both high school
     2  and college credit.
     3    §  2.  Section  6303  of  the education law is amended by adding a new
     4  subdivision 6 to read as follows:
     5    6. Notwithstanding the provisions of any  other  general,  special  or
     6  local  law, rule or regulation, each community college, or the entity or
     7  entities responsible for setting tuition at such institution,  shall  be
     8  authorized  to  set  a  reduced rate of tuition and/or fees, or to waive
     9  tuition and/or fees entirely, for students participating in any dual  or
    10  concurrent  enrollment  program with no reduction in other state, local,
    11  or other support for such students  earning  college  credit  that  such
    12  higher  education  partner  would  otherwise  be  eligible  to  receive;
    13  provided that, for purposes of this  provision,  a  dual  or  concurrent
    14  enrollment  program  shall  mean  one or more college courses taken by a
    15  high school student through a community college while  such  student  is
    16  still  enrolled  in  high  school  or  boards of cooperative educational
    17  services and for which the student may  receive  both  high  school  and
    18  college credit.
    19    §  3. Subdivision 7 of section 6206 of the education law is amended by
    20  adding a new paragraph (e) to read as follows:
    21    (e) Notwithstanding the provisions of any other  general,  special  or
    22  local law, rule or regulation, the board of trustees shall be authorized
    23  to set a reduced rate of tuition and/or fees, or to waive tuition and/or
    24  fees  entirely,  for  students  participating  in any dual or concurrent
    25  enrollment program with no reduction in other  state,  local,  or  other
    26  support for such students earning college credit that such higher educa-
    27  tion  partner would otherwise be eligible to receive; provided that, for
    28  purposes of this provision, a  dual  or  concurrent  enrollment  program
    29  shall  mean  one  or more college courses taken by a high school student
    30  through a community college or a senior college of the  city  university
    31  while  such  student  is still enrolled in high school and for which the
    32  student may receive both high school and college credit.
    33    § 4. This act shall take effect immediately.
 
    34                                   PART DD
 
    35    Section 1. The civil service law is amended by adding  a  new  section
    36  215 to read as follows:
    37    § 215. Agency shop fee deductions. 1. Notwithstanding any other law to
    38  the  contrary, any public employer, any employee organization, the comp-
    39  troller and the board, or any of their employees or agents, shall not be
    40  liable for, and shall have a complete defense to, any claims or  actions
    41  under  the  laws  of  this state for requiring, deducting, receiving, or
    42  retaining agency shop fee deductions from public employees, and  current
    43  or  former  public  employees  shall  not  have standing to pursue these
    44  claims or actions, if the fees were permitted or mandated  at  the  time
    45  under  the  laws  of  this state then in force and paid, through payroll
    46  deduction or otherwise, prior to June twenty-seventh, two thousand eigh-
    47  teen.
    48    2. This section shall apply to claims and actions pending or filed  on
    49  or after June twenty-seventh, two thousand eighteen.
    50    3.  The  enactment  of this section shall not be interpreted to create
    51  the inference that any relief made unavailable  by  this  section  would
    52  otherwise be available.
    53    § 2. This act shall take effect immediately.
        S. 1506--C                         63                         A. 2006--C

     1                                   PART EE
 
     2    Section  1. Legislative findings. The legislature finds that the State
     3  University of New York at Albany ("University") is  in  the  process  of
     4  developing  12 neighboring acres on the W. Averell Harriman State Office
     5  Building Campus to build the 245,000-square-foot Emerging Technology and
     6  Entrepreneurship Complex ("ETEC"). This ETEC development is  part  of  a
     7  long-term  development  strategy of the University as part of the NYSUNY
     8  2020 Challenge Grant Program.  ETEC will house the University's  College
     9  of  Emergency  Preparedness,  Homeland  Security  and Cybersecurity, the
    10  Department of Atmospheric and Environmental  Sciences,  the  Atmospheric
    11  Sciences  Research  Center and other University academic departments, as
    12  well as the New York State Mesonet weather-detection system. As part  of
    13  this effort, the University wishes to lease a portion of the space with-
    14  in  ETEC to non-New York State entities, including businesses, to enable
    15  collaboration, research commercialization, and real  world  experiential
    16  learning  opportunities for students. The legislature further finds that
    17  granting the trustees of the State University of New York the  authority
    18  and  power  to  lease  and otherwise contract a portion of the ETEC will
    19  promote the mission of the new facility to  help  the  state  be  better
    20  prepared for emerging threats of extreme weather and terrorism.
    21    §  2. Notwithstanding any other law to the contrary, the state univer-
    22  sity trustees are authorized and empowered to delegate to the University
    23  the authorization and empowerment to  lease  or  otherwise  contract  to
    24  tenants  with  interests  that  are  in  alignment with the academic and
    25  research mission of the University. The University under  this  authori-
    26  zation  shall  be  permitted to lease or otherwise contract up to 15,000
    27  square feet of space and facilities at ETEC, without any public bidding.
    28  Any lease or contract of such  space  and  facilities  at  ETEC  may  be
    29  subject  to  applicable  approvals of the office of the Attorney General
    30  and the Office of the State  Comptroller  for  revenue  contracts.  Such
    31  leases  or  contracts  shall  be  for periods not to exceed 50 years and
    32  shall be conditioned upon any terms  and  conditions  determined  to  be
    33  necessary by the state university trustees.
    34    §  3.  Pursuant  to  section two of this act, notwithstanding any law,
    35  rule or regulation to the contrary, the State  University  of  New  York
    36  shall  not  contract out to any lessees or contractors or any subsidiary
    37  of such lessees or contractors for the instruction of  students  or  any
    38  pedagogical  functions or services, maintenance, operation or any admin-
    39  istrative services,  or  similar  professional  services  that  will  be
    40  performed  by state employees at the University.  All such functions and
    41  services shall be performed by state employees  pursuant  to  the  civil
    42  service law. Nothing in this act shall result in the permanent displace-
    43  ment  of  any  currently  employed  state worker or the loss of position
    44  (including partial displacement such as the permanent reduction  in  the
    45  hours  of  non-overtime, wages or employment benefits), or result in the
    46  impairment of existing contracts for services or  collective  bargaining
    47  rights  pursuant  to existing agreements. All positions currently within
    48  the space described in section two of this act in  the  unclassified  or
    49  classified  service of the civil service law shall remain in the classi-
    50  fied or unclassified service.
    51    § 4. Any leases entered into by the University pursuant to section two
    52  of this act shall be considered revenue contracts of the University  and
    53  subject to review and approval by the office of the Attorney General and
    54  the office of the State Comptroller as required for revenue contracts at
        S. 1506--C                         64                         A. 2006--C
 
     1  the  time  of  execution  of  said leases. All proceeds from said leases
     2  shall be deposited into accounts of the University.
     3    §  5.  Insofar as the provisions of this act are inconsistent with the
     4  provisions of any law, general, special or local, the provisions of this
     5  act shall be controlling.
     6    § 6. This act shall take effect immediately.
     7    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     8  sion, section or part of this act shall be  adjudged  by  any  court  of
     9  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    10  impair, or invalidate the remainder thereof, but shall  be  confined  in
    11  its  operation  to the clause, sentence, paragraph, subdivision, section
    12  or part thereof directly involved in the controversy in which such judg-
    13  ment shall have been rendered. It is hereby declared to be the intent of
    14  the legislature that this act would  have  been  enacted  even  if  such
    15  invalid provisions had not been included herein.
    16    §  3.  This  act shall take effect immediately provided, however, that
    17  the applicable effective date of Parts A through EE of this act shall be
    18  as specifically set forth in the last section of such Parts.

A02006 LFIN:

 
NO LFIN

A02006 Chamber Video/Transcript: